Bill Text: NY A10405 | 2019-2020 | General Assembly | Introduced

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Bill Title: Provides for compensation of an owner for the unjustifiable injury or death of a companion animal.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-05-04 - referred to judiciary [A10405 Detail]

Download: New_York-2019-A10405-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10405

                   IN ASSEMBLY

                                       May 4, 2020
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Judiciary

        AN ACT to amend the general obligations law, in relation to compensation
          for injury or death of a companion animal

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  general  obligations  law is amended by adding a new
     2  section 11-108 to read as follows:
     3    § 11-108. Compensation for injury or death of a companion  animal.  1.
     4  In addition to any other right of action or recovery otherwise available
     5  under  law,  a  person may recover damages from another who negligently,
     6  recklessly, or intentionally causes  unjustifiable  physical  injury  or
     7  death of a companion animal.
     8    2.  In  determining  damages  for  negligently,  recklessly, or inten-
     9  tionally causing physical injury or death to  a  companion  animal,  the
    10  court  may  consider,  among  other factors, evidence regarding the bond
    11  between the companion animal and the companion animal's owner. The court
    12  may also award punitive damages where physical  injury  or  death  to  a
    13  companion  animal  was  unjustifiable  and  intentionally  or recklessly
    14  caused.
    15    3. "Companion animal" as used in this  section  shall  have  the  same
    16  meaning  as subdivision five of section three hundred fifty of the agri-
    17  culture and markets law.
    18    § 2. This act shall take effect on the thirtieth day  after  it  shall
    19  have become a law.




         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15025-02-0