Today, Justice Aaron D. Maslow of the Kings County Supreme Court issued a decision affirming that dogs can be recognized as immediate family members under New York law.
Specifically, Justice Maslow ruled that Nan Deblase may recover emotional distress damages for having witnessed the death of her son’s dog Duke who was hit by a car while they were walking through a crosswalk. In 2024, the NhRP filed two amicus briefs in support of the plaintiffs in the case, arguing that justice and the flexible nature of the common law require allowing the plaintiffs to recover emotional damages for having witnessed Duke’s death. Justice Maslow relied extensively on the NhRP’s briefs in his decision.
NhRP Executive Director Christopher Berry on this legal win for animals: “Too often, courts reflexively apply outdated precedents that treat animals as mere property, even when those precedents no longer reflect common sense. Today’s decision shows the justice system at its best: fulfilling its fundamental duty to deliver justice based on facts and reason, not outdated legal fictions. The Nonhuman Rights Project is proud to have contributed to this important outcome. It serves the interest of justice to recognize that Duke was not a legal ‘thing.’ He was a member of the family.”
The defendant had moved to dismiss the case on the ground that dogs can’t be considered immediate family. Justice Maslow disagreed. “Adhering to unyielding general precedent no longer aligns the law with current societal norms concerning family pets,” Justice Maslow wrote.
A trial on damages will follow Justice Maslow’s decision.
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