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
| Court | Appellate Division, First Department |
|---|---|
| Decided | September 29, 2026 |
| Citation | 2026 NY Slip Op 05472 |
| Area of law | Personal Injury and Negligence |
| Week | Week ending October 3, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05472 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 647 |
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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