Hennet v. Allan

43 Misc. 3d 542, 981 N.Y.S.2d 293 (2014)

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Hennet v. Allan

New York Supreme Court
43 Misc. 3d 542, 981 N.Y.S.2d 293 (2014)

Facts

Alisha B. Hennet (plaintiff) and William R. Allan, Jr. (defendant) were romantically involved for 15 years. In 2009, Hennet and Allan moved into a home together and adopted Duke, a black Labrador retriever. Hennet and Allan were both listed on Duke’s title and registration. By 2013, the relationship between Hennet and Allan had deteriorated, and Allan moved out of the shared home. Allan signed an acknowledged statement confirming that he had removed his personal property from the home and that any personal property left behind would become Hennet’s exclusive property. Allan left Duke at the home and returned approximately one week later to take her into his possession. Hennet demanded that Allan return Duke but was unsuccessful. Hennet filed a replevin action against Allan to have Duke returned. In response, Allan argued that he had not intended to relinquish possession of Duke by signing the acknowledged statement. Hennet and Allan both motioned for summary judgment. In determining whether either summary-judgment motion should be granted, the court considered whether Duke was personal property.

Rule of Law

Issue

Holding and Reasoning (Lynch, J.)

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