It's A Dog Eat Dog World

Under New York's Agriculture and Markets Law, a dog which attacks a person without justification and causes serious physical injury or death to the person may be put to death (Agriculture and Markets Law § 121). But what should happen to a dog when it attacks another dog? The Second Department's case last week in Matter of Motta v Menendez, 2007 NY Slip Op 09778 points out that things have changed for the fate of such dogs. In that case a pit bull terrier named "Duke" attacked and injured another dog. This was after "Duke" had already been declared a dangerous dog after a hearing. The owner of the dog which was attacked thus commenced a special proceeding under Agriculture and Markets Law § 121to have "Duke" put to death. The lower courts agreed, and ordered that "Duke" be destroyed.

However, the Second Department reversed because at the time that the attack occurred Agriculture and Markets Law §121 did not provide that one dog attacking another was conduct subject to the penalty of destruction, nor was there any evidence that "Duke" had ever attacked a human. Thus, the Court sparred Duke's life and instead ordered his permanent and secure confinement.

The Agriculture and Markets Law § 121 has since been amended, and now permits a dog to be destroyed for attacking another dog.