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Animal Law Keyed to Wagman
Brousseau v. Rosenthal
Citation:
110 Misc. 2d 1054, 443 N.Y.S.2d 285 (1980)Facts
On July 28, 1979, Ms. Brousseau, a retired woman who lived alone, delivered her healthy eight-year-old dog for boarding at Dr. Rosenthal’s kennel. The dog had been given to her in 1970 shortly after her husband’s death and had become her sole and constant companion. When she returned to the kennel on August 10, she was informed that her dog had died on August 6. Although the plaintiff consented to an autopsy, no report was provided, and the defendant offered contradictory explanations for the dog’s death. The dog served not only as a companion but also as protection; Ms. Brousseau relied on the well-trained watchdog and never went out alone at night without the dog’s protection. Since the dog’s death, she had stopped going out after dark, and her apartment was burglarized.
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