A Litigation Article used with permission from All-Creatures.org


The National Link Coalition reports on a significant decision by a New York court following the tragic death of a family dog.


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New York Court Rules Dogs Can Be Considered Members of the Family
From The National Link Coalition
July 2025

image of dog and child and NY state
Images from Canva


Recognition of animal cruelty as family violence rather than a crime against property got a potential boost in New York State in June when Justice Aaron D. Maslow of the Kings County Supreme Court issued a decision affirming that dogs can be considered immediate family members.

Maslow ruled that Nan Deblase may recover emotional distress damages for having witnessed the death of her son’s dog “Duke” who was hit by a car while they were walking through a crosswalk. The plaintiffs argued that justice and the flexible nature of common law require allowing them to recover emotional damages for having witnessed Duke’s death. The defendant moved to dismiss the case on the grounds that dogs can’t be considered immediate family.

Justice Maslow disagreed. “Adhering to unyielding general precedent no longer aligns the law with current societal norms concerning family pets,” he wrote. A trial on damages will follow.

“It serves the interest of justice to recognize that Duke was not a legal ‘thing’”, commented Christopher Berry, Executive Director of the Nonhuman Rights Project that filed two amicus briefs in support of the plaintiffs. “He was a member of the family.”

Posted on All-Creatures.org: July 22, 2025
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