Supreme Court, Appellate Division, Second Department, New York.
Gordon JASON, et al., Appellants,
v.
John L. PARKS, etc., Respondent.
Feb. 13, 1996.
Before SANTUCCI, J.P., and ALTMAN, FRIEDMANN and FLORIO, JJ.
*494 MEMORANDUM BY THE COURT.
In an action, inter alia, to recover damages for veterinary malpractice, the plaintiffs appeal, as limited by their brief, from so **171 much of an order of the Supreme Court, Westchester County (Coppola, J.), entered August 11, 1994, as granted the branch of the defendant's motion which was to dismiss, for failure to state a cause of action, so much of the complaint as sought to recover damages for emotional distress.
*495 ORDERED that the order is affirmed insofar as appealed from, with costs.
It is well established that a pet owner in New York cannot recover damages for emotional distress caused by the negligent destruction of a dog ( see, Gluckman v. American Airlines, 844 F.Supp. 151; Fowler v. Town of Ticonderoga, 131 A.D.2d 919, 921, 516 N.Y.S.2d 368; Young v. Delta Air Lines, 78 A.D.2d 616, 432 N.Y.S.2d 390; Zager v. Dimilia, 138 Misc.2d 448, 524 N.Y.S.2d 968; Stettner v. Graubard, 82 Misc.2d 132, 368 N.Y.S.2d 683; Smith v. Palace Transp. Co., 142 Misc. 93, 253 N.Y.S. 87).
N.Y.A.D. 2 Dept.,1996.
Jason v. Parks
224 A.D.2d 494, 638 N.Y.S.2d 170
Supreme Court, Appellate Division, Second Department, New York.
Gordon JASON, et al., Appellants,
v.
John L. PARKS, etc., Respondent.
Feb. 13, 1996.
Before SANTUCCI, J.P., and ALTMAN, FRIEDMANN and FLORIO, JJ.
*494 MEMORANDUM BY THE COURT.
In an action, inter alia, to recover damages for veterinary malpractice, the plaintiffs appeal, as limited by their brief, from so **171 much of an order of the Supreme Court, Westchester County (Coppola, J.), entered August 11, 1994, as granted the branch of the defendant's motion which was to dismiss, for failure to state a cause of action, so much of the complaint as sought to recover damages for emotional distress.
*495 ORDERED that the order is affirmed insofar as appealed from, with costs.
It is well established that a pet owner in New York cannot recover damages for emotional distress caused by the negligent destruction of a dog ( see, Gluckman v. American Airlines, 844 F.Supp. 151; Fowler v. Town of Ticonderoga, 131 A.D.2d 919, 921, 516 N.Y.S.2d 368; Young v. Delta Air Lines, 78 A.D.2d 616, 432 N.Y.S.2d 390; Zager v. Dimilia, 138 Misc.2d 448, 524 N.Y.S.2d 968; Stettner v. Graubard, 82 Misc.2d 132, 368 N.Y.S.2d 683; Smith v. Palace Transp. Co., 142 Misc. 93, 253 N.Y.S. 87).
N.Y.A.D. 2 Dept.,1996.
Jason v. Parks
224 A.D.2d 494, 638 N.Y.S.2d 170