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Question:
My neighbor, who just moved in upstairs, contacted the board of health about the smell from my cats wafting up the stairs. I have been very good about keeping the litter boxes clean (I clean them morning and night and sometimes in between) and have been spraying air freshener in the stairway. She is now spraying HER air freshener over mine. I am afraid of a visit from the board of health, but am thinking of inviting them to come over anyway. I think my neighbor's crazy. It's like she doesn't like any smell even if it's a "nice" smell. I'm just afraid this will explode and want to know what my rights are. Thank you.
Answer:
As long as there is no nuisance being created, then you shouldn’t have a problem with the Department of Health or with the landlord (your upstairs neighbor might complain to the landlord too). The Department of Health might come to your building to see if there is an offensive odor emanating from your apartment. People are not generally required to allow officers into their home without a warrant. If the Health Department determines that there is a nuisance, they could take legal action to attempt to abate the nuisance. The landlord can also commence eviction proceedings if there is an offensive odor coming from your apartment. Keep in mind that just because a legal action is commenced does not mean you will lose the case. If your other neighbors are not bothered by an odor, that should be helpful to you.
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Question:
I purchased a dog from a pet store in Carle Place, NY on Monday August 31, 2009. I had to return the dog because my landlord would not allow me to keep the dog in my home because i already have two dogs, I returned the dog under the store's 48-hour policy yesterday afternoon and i received half of my money back. On Monday evening I brought the dog to my vet to be tested and last night I received a phone call saying that the dog has giardia and ear mites. So I went into the store and said under the unfit for sale law I should receive my money back in full they referred me to corporate who then told me intestinal parasites are not a cause for declaring the dog unfit for sale. My problem is that giardia is a disease caused by a parasite and that it is contagious to humans as well as other animals and I feel I am entitled to my money back and I am concerned for the well being of the dog I purchased as well as the other dogs in the store and myself and my two dogs. Thank you for taking the time to consider this matter. I would appreciate a response as soon as possible.
Answer:
New York’s pet sale law states, in part, that “A veterinary finding of intestinal parasites shall not be grounds for declaring the animal unfit for sale unless the animal is clinically ill due to such condition.” The law also states that “Nothing in this section shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law.” Another law, the Uniform Commercial Code, applies to the sale of goods by merchants (this usually includes dogs sold by pet stores). It can sometimes be argued successfully in court that when an animal is sick soon after purchase the merchant violated an implied warranty of merchantability (basically that the animal should have been fit for sale). Courts will also look at the sales contract in determining the rights of the parties. If you want to pursue this matter, you can file a complaint with the NYS Attorney General's Office, commence an action in Small Claims Court, and/or obtain the services of an attorney to represent you.
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Question:
I live in NJ, where the law views pets as property. My dog has had 3 surgeries on his left wrist because of a misdiagnosis that left his sprain (?) untreated for three months. I have been unable to find a lawyer, partly because one needs an orthopedic surgeon to testify, and partly because there is too much work for the amount of money a lawyer can get. Do you have any thoughts on this? I do not have a lot of money, have already spent more than $12,000, and my pup is still being treated from his last surgery (7/20/09).
Answer:
Even if you cannot find an attorney in NJ to handle the case for you, I suggest you consult with an attorney who perhaps can advise you further about procedures in NJ for pro se litigants and how to best get medical records into evidence from the vet who told you about the misdiagnosis (if such records indicate a misdiagnosis on the part of the vet you are complaining about). Court clerks can also be helpful to pro se litigants. Have you considered asking the veterinarian who told you that the first veterinarian misdiagnosed the condition to testify? You can also file a complaint with the NJ State Board of Veterinary Medical Examiners, www.njconsumeraffairs.gov/vetmed/vet_consumers.htm, 973-504-6500.
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Please note that responses to legal inquiries are not meant to replace seeking legal advice from an attorney in your state. The materials in this website and any responses to questions are for informational purposes only and are not intended, nor should they be construed, as legal advice. This website, the information contained herein, and any responses to questions directed to this column are not intended to create and does not establish an attorney-client relationship. You should not rely or act upon any information provided on this website or in any response to your inquiry without seeking the advice of an attorney in your state regarding the facts of your specific situation.
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