SUSS v. ASPCA

No. 92 Civ. 2275 (VLB).

855 F.Supp. 66 (1994)

Malcolm SUSS and Gotham Plastics, Plaintiffs, v. AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, ASPCA Officer Ramon, ASPCA Officer McDonald, and City of New York, Defendants.

United States District Court, S.D. New York.

June 10, 1994.


Attorney(s) appearing for the Case

Arnold S. Kronick, Lehrman Kronick & Lehrman, White Plains, NY, for plaintiffs.

John P. Woods, Asst. Corp. Counsel, New York City, for defendant.


MEMORANDUM ORDER

VINCENT L. BRODERICK, District Judge.

I

This case involves the warrantless entry by ASPCA officers acting under the aegis of the New York City Fire Department into plaintiffs' premises to release a cat (which later died) caught between exterior walls. No emergency existed inasmuch as substantial time elapsed between the report that the cat had trapped itself and when the break-in occurred. In connection with the attempted rescue...

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