ANIMAL RIGHTS LAWYER SUSAN CHANA LASK REPRESENTS UMKA THE PUPPY & ELENA ZAKHAROVA AGAINST UPPER EAST SIDE PET STORE AND PUPPY MILLS FOR UMKA'S PAIN AND SUFFERING
On February 5, 2011 Elena Zakharova purchased a female puppy Brussels Griffon, born December 5, 2010, by a "Pet Purchase Contract" with Raising Rover. She named the puppy Umka (which means Polar Bear in Russian). The Contract included terms such as (a) Raising Rover warranted the puppy against congenital defects for one year and would exchange the pet in that period, it encompassed New York's Pet Lemon Law mandating the return of the pet and a refund if any defects are discovered within 14 days of the sale and (b) the pet store would provide Elena with Umka's breeder information if known, and if not known provide where Umka came from.
In about July, 2011 little Umka started limping, yelped in pain and could not run or sit properly. Umka was diagnosed with a medial patella subluxation disorder of both rear knees and her hip sockets did not develop correctly. That required extensive surgery shaving Umka's hind leg bone and replacing it in the socket. Umka went through surgery, medications, having her leg in a cast and pain pre and post surgery. She walks with a limp and still cannot run, walk or engage in usual puppy activities without pain. Her pain is exhibited when she whimpers when jumping from the sofa. She cannot walk for a length of time without stopping to sit and rest. She limps and sits in a strange position to keep the pressure off her hind legs. The surgery so far cost $2,079.50, and now she has to take medication and supplements.
Despite calls and faxes to Raising Rover, noone repsonded with Umka's papers.
On December 29, 2011, Elena, by her attorney Susan Chana Lask, filed a complaint as ELENA ZAKHAROVA for herself and as Representative of her dog, Umka, against Raising Rover in New York County Civil Court (see right module for the complaint). The effect of naming Umka in the Complaint is to show Umka is a living being and the subject of this case. It is not about Elena-this is about Umka and any puppy created defective because of bad breeding and left to live in pain. The Complaint requests Umka be defined as a "living being", not "property" so Umka's pain and suffering is recognized as compensable damages. The Complaint also alleges, among other things, that if the Court will not recognize Umka as a living being then follow the present case law that pets are "property" and hold the pet store liable for all costs to fix the "unfit goods" it sold under the Uniform Commercial Code.
The Complaint is not far fetched, so to say, because case law supports the causes of action and every New York court holds in some way that pets are living souls that feel love, give love, and feel pain. In sum, Umka's love should be rewarded and her pain recognized and compensated for.
See the right Modules on this page for an index of information detailing Puppy Lemon Laws, Consumer Rights and Strategies to Win Your Case Against Pet Stores, Breeders and Puppy Mills, among other issues. Note a Complaint is a legal document filed in court alleging facts and other issues upon information and belief. It is not a final determination.