People ex rel. the Nonhuman Rights Project v. Lavery

124 A.D.3d 148, 998 N.Y.S.2d 248 (2014)

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People ex rel. the Nonhuman Rights Project v. Lavery

New York Supreme Court, Appellate Division
124 A.D.3d 148, 998 N.Y.S.2d 248 (2014)

Facts

A chimpanzee, Tommy, was kept by the Laverys (defendants) at their private property. The Nonhuman Rights Project (the Project) (plaintiff), on behalf of Tommy, sought an order to show cause to commence a habeas corpus proceeding on the ground that the chimpanzee was being unlawfully detained by the Laverys. The writ included several affidavits from experts stating that certain characteristics of chimpanzees are similar to those of human beings, thus making them persons with an interest in personal autonomy and freedom. The trial court found that the term person, under the law, did not include chimpanzees. Thus, the trial court refused to sign the order to show cause. The Project appealed, arguing that the courts should expand the common law’s definition of person to encompass animals.

Rule of Law

Issue

Holding and Reasoning (Peters, J.)

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