ESQ HQNEW YORK LAW WATCH

Appellate Division, First Department · September 29, 2026 · 2026 NY Slip Op 05472

Franco v Berger

Read the official decision: 2026 NY Slip Op 05472

Holding The court affirmed the dismissal of the plaintiff’s fraud claim as duplicative of the professional negligence claim and dismissed the negligent infliction of emotional distress claim because pets are currently considered personal property. The court noted that while pets are legally property, the evolving societal view of animals as sentient beings makes this a developing area of law.

The court’s words

The motion court correctly dismissed plaintiff's fraud claim as duplicative

2026 NY Slip Op 05472, at the official text

Under current controlling precedent, pets are considered personal property

2026 NY Slip Op 05472, at the official text

this remains a developing area of law appropriate for future consideration

2026 NY Slip Op 05472, at the official text
CourtAppellate Division, First Department
DecidedSeptember 29, 2026
Citation2026 NY Slip Op 05472
Area of lawPersonal Injury and Negligence
WeekWeek ending October 3, 2026
Official textOfficial decision: 2026 NY Slip Op 05472
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id647

Recommended citation

ESQ HQ, New York Law Watch, Franco v Berger, 2026 NY Slip Op 05472 (Appellate Division, First Department, September 29, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05472/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published September 29, 2026. Updated September 29, 2026.