Dunleavy v Animal Med. Ctr.

[*1] Dunleavy v Animal Med. Ctr. 2007 NY Slip Op 51277(U) [16 Misc 3d 128(A)] Decided on June 21, 2007 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected in part through July 10, 2007; it will not be published in the printed Official Reports.

Decided on June 21, 2007
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: : WESTON PATTERSON, J.P., GOLIA and BELEN, JJ
2006-1169 Q C.

Linda Dunleavy, Appellant,

against

Animal Medical Center and DOCTOR BRIAN BERGER, Respondents.

Appeal from a judgment of the Civil Court of the City of New York, Queens County (Anna Culley, J.), entered December 12, 2005. The judgment, after a nonjury trial, dismissed the action.

Judgment affirmed without costs.

In our opinion, substantial justice was done between the parties in this small claims veterinary malpractice action in accordance with the rules and principles of substantive law (CCA 1804, 1807). The court below properly found for defendants upon its evaluation of the evidence before it, which indicated that the claimant's dog was suffering from an advanced cancerous condition at the time it was admitted to defendants' care, and that defendants did not deviate from accepted veterinary standards of practice in attempting to stabilize the dog's condition for further treatment, despite which attempt the animal died (see Harrington v Berg, 5 Misc 3d 135[A], 2004 NY Slip Op 51488[U] [App Term, 9th & 10th Jud Dists]; Harrington v Levitzke, 2 Misc 3d 139[A], 2004 NY Slip Op 50277[U] [App Term, 2d & 11th Jud Dists]).

Weston Patterson, J.P., Golia and Belen, JJ., concur.
Decision Date: June 21, 2007