Darlene Feger sued the Warwick Animal Shelter in Orange County Supreme Court for money damages and to recover possession of "Kisses," her stolen cat. Apparently, the shelter accepted the white purebred Persian cat knowing that the animal had been purloined. And, to confound matters further, it was also alleged that Kisses had been released for adoption and her new custodians now called her "Lucy."
After preliminary motion practice, the Supreme Court dismissed Ms. Feger's case against the Animal Shelter finding "statutory immunity" pursuant to the Agriculture and Markets Law section 374(3). On appeal, the Appellate Division, Second Department, found that while Ms. Feger could not recover "emotional" or "punitive" damages, she could still pursue her case for the animal's recovery. However, since there was still a question as to whether "Lucy" and "Kisses" were the identical cat, a trial was needed to resolve that aspect of the dispute.
What's stolen Kisses worth?
And, will the Supreme Court compel the animal's new custodians to fork over Kisses?
Stay tuned!
For a copy of the Appellate Division's decision, please use this link: Feger v. Warwick Animal Shelter