DeJOY III v. NIAGARA MOHAWK POWER CORPORATION (2004)

Supreme Court, Appellate Division, Fourth Department, New York.

Vincent DeJOY, III, and Bonnie J. Belanger-DeJoy, Plaintiffs-Appellants, v. NIAGARA MOHAWK POWER CORPORATION, Defendant-Respondent. (Appeal No. 1.)

Decided: December 30, 2004

PRESENT: PIGOTT, JR., P.J., PINE, KEHOE, GORSKI, AND MARTOCHE, JJ.

Beckstrom & Plumb, Jamestown (John K. Plumb of Counsel), for Plaintiffs-Appellants. Wilder & Linneball, LLP, Buffalo (Christopher S. Nickson of Counsel), for Defendant-Respondent. Morrison & Foerster LLP, New York (Jamie Levitt of Counsel), for Animal Legal Defense Fund, Amicus Curiae.

Plaintiffs commenced these actions seeking to recover damages for the loss of their horses, which were electrocuted when wires belonging to defendant fell onto a fence around the property where the horses were kept. We conclude that Supreme Court properly granted defendant's motion in each action for partial summary judgment dismissing plaintiffs' claims for damages “for loss of companionship and bond between horse and owner.” An animal owner in New York may not recover damages for loss of companionship, which we view here as legally equivalent to emotional distress, resulting from the death of the animal (see Lewis v. DiDonna, 294 A.D.2d 799, 801, 743 N.Y.S.2d 186; see also Johnson v. Douglas, 289 A.D.2d 202, 734 N.Y.S.2d 847; Dabb v. NYNEX Corp., 262 A.D.2d 1079, 1079-1080, 691 N.Y.S.2d 840).

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.

MEMORANDUM:

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