New York A 1344: Relates to contracts for the Arthur O. Eve opportunity for higher education

Bill Text

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A01344 Summary:

BILL NOA01344 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORGlick (MS)

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COSPNSRGallagher, Colton, Simon, Hevesi

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MLTSPNSRCook

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Add §11-108, Gen Ob L

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Establishes a tort cause of action for the wrongful injury or death of a companion animal; provides for compensatory and punitive damages and injunctive relief and three year statute of limitations on commencement of such an action.

Go to top A01344 Actions:

BILL NOA01344 

&nbsp

01/09/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA01344 Committee&nbspVotes:

Go to topA01344 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA01344 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1344

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 9, 2025
 ___________

 Introduced by M. of A. GLICK, GALLAGHER, COLTON, SIMON -- Multi-Spon-
 sored by -- M. of A. COOK -- read once and referred to the Committee
 on Judiciary

 AN ACT to amend the general obligations law, in relation to establishing
 a cause of action in tort for the wrongful injury to 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. Wrongful injury or death of companion animal. 1. As used in
 4 this section:
 5 (a) the term "companion animal" shall have the same meaning as such
 6 term is defined in subdivision five of section three hundred fifty of
 7 the agriculture and markets law; and
 8 (b) the terms "physical injury" and "serious physical injury" shall
 9 have the same meaning as such terms are defined in subdivisions nine and
 10 ten, respectively, of section 10.00 of the penal law.
 11 2. A person who with no justifiable purpose intentionally, recklessly
 12 or negligently, by act or omission causes the death of a companion
 13 animal shall be liable in damages for the fair monetary value of the
 14 deceased companion animal to such deceased companion animal's owner,
 15 including damages for the loss of the reasonably expected society,
 16 companionship, comfort, protection and services of the deceased compan-
 17 ion animal to such deceased companion animal's owner; court costs and
 18 reasonable attorney's fees; and other reasonable damages resulting from
 19 the intentional, reckless or negligent act or omission.
 20 3. A person who with no justifiable purpose intentionally, recklessly
 21 or negligently, by act or omission causes physical injury or serious
 22 physical injury to a companion animal shall be liable in damages for the
 23 expenses of veterinary and other special medical care required; the loss

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03801-01-5

 A. 1344 2

 1 of reasonably expected society, companionship, comfort, protection and
 2 services of the injured companion animal to such deceased companion
 3 animal's owner; court costs and reasonable attorney's fees; and other
 4 reasonable damages resulting from the intentional, reckless or negligent
 5 act or omission.
 6 4. A person who with no justifiable purpose intentionally or reckless-
 7 ly, by act or omission causes the serious physical injury or death of a
 8 companion animal may be liable in punitive damages.
 9 5. Damages under this section for injuries sustained by a companion
 10 animal's owner shall be recovered in an action in tort, commenced within
 11 three years from the date of injury or death or from the date when the
 12 owner knew, or in the exercise of reasonable diligence should have
 13 known, of the factual basis for a cause of action, subject to further
 14 extension on account of any suspension of the statute of limitations due
 15 to infancy, death or other cause as provided by law.
 16 6. Damages under this section for injuries sustained by a companion
 17 animal shall be recovered in an action in tort brought by a guardian ad
 18 litem or next friend appointed by the court and, commenced within three
 19 years from the date of injury or from the date when the guardian ad
 20 litem or next friend knew, or in the exercise of reasonabl