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NY woman's dog and cat taken from flat; court revives trespass, distress claims

By · Via Times of India · Published by Everything Blog

In short

Resident Lisa Cinque filed suit after Glen Oaks Village employees entered her residence while she was away, handed her cat to a neighbor, and removed her dog. The dog was transported to an animal shelter as an abandoned pet and was euthanized roughly two months later. Cinque alleged that workers deliberately misled her about the dog's location, preventing her from retrieving it. The Appellate Division affirmed that the submitted body-camera footage, leases, and house rules were insufficient to dismiss the claims before trial.

Key points

  • The Appellate Division, Second Department upheld the lower court's decision permitting tr…: The Appellate Division, Second Department upheld the lower court's decision permitting trespass and emotional distress claims to proceed.
  • Evidence provided by the defendants, including body-camera footage, failed to conclusivel…: Evidence provided by the defendants, including body-camera footage, failed to conclusively establish that entering the apartment was lawful.
  • Allegations that staff provided false information regarding the dog's location were deeme…: Allegations that staff provided false information regarding the dog's location were deemed sufficient to support the emotional distress lawsuit.

Sources checked by our analysis pipeline: 1

A New York woman who accused employees of her housing cooperative of entering her apartment without permission and taking away her dog and cat has won a legal battle to continue pursuing two of her claims. Nearly three years after the incident, a New York appeals court ruled on Wednesday, that Lisa Cinque could proceed with her claims of trespass and intentional infliction of emotional distress against Glen Oaks Village Owners, Inc, and its employees.

Cinque alleged that the employees entered her apartment while she was away, removed her pets and later gave her misleading information about where her dog had been taken. She said she repeatedly tried to locate the animal but was unsuccessful. According to

Justia, documents submitted during the case indicated that the dog had spent nearly two months at a shelter before being euthanised.

On May 31, when Cinque, a shareholder in the cooperative housing corporation and a resident of one of its apartments, was away from home, two employees, Gina Catania and Justin Conklin, allegedly forced their way into the apartment without her consent. According…

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