GUTIERREZ v. CIOFFI (2020)

Supreme Court, Appellate Term, New York,

Evelyn GUTIERREZ, Plaintiff-Appellant, v. Synthia CIOFFI and Raymond Cioffi, Defendants-Respondents.

20-149

Decided: November 27, 2020

PRESENT: Cooper, J.P., Higgitt, McShan, JJ.

Judgment (Fidel E. Gomez, J.), entered June 19, 2019, affirmed, without costs.

Plaintiff's replevin action to recover possession of a dog was properly dismissed after trial. Even assuming that plaintiff was not collaterally estopped from re-litigating the issue of ownership by a prior arbitration award determining that she abandoned the dog (see e.g. Humphries v. City Univ. of NY, 146 AD3d 427 [2017], lv denied 30 NY3d 913 [2018]), a fair interpretation of the evidence supports a finding that plaintiff failed to establish that she had a superior possessory right to the dog than that of the defendants (see Pivar v. Graduate School of Figurative Art of NY Academy of Art, 290 AD2d 212, 213 [2002]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

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