Insofar as we conclude that the intrusions onto plaintiffs' land were for a permissible purpose and appropriately limited in scope, we cannot agree with Supreme Court's conclusion that defendants are liable for trespass as a matter of law.Ĭipar was statutorily authorized, as a "peace officer" (CPL 2.10 ), to enforce the provisions of Agriculture and Markets Law article 26 (see Agriculture and Markets Law § 371). However, law enforcement personnel acting lawfully in the furtherance of their duty are excused from what may be otherwise trespassory acts (see People v Czerminski, 94 AD2d 957, 957, lv denied 59 NY2d 972 see also Voskerchian v United States, 1999 WL 66709, *4, 1999 US Dist LEXIS 1439, *11-12 Reynolds v United States, 927 F Supp 91, 96 ). "Any unauthorized entry upon land of another constitutes a 'trespass' " (104 NY Jur 2d, Trespass § 1, at 461-462). Following joinder of issue, Supreme Court granted plaintiffs summary judgment on the issue of defendants' liability for trespass, prompting this appeal by defendants. In 2001, plaintiffs commenced this action against Stray Haven, Rodgers and a Stray Haven volunteer asserting, among other things, a trespass cause of action.
In connection with plaintiffs' mistreatment of the animals, they were convicted of misdemeanors and sentenced to one-year conditional discharges which, among other things, returned six of the horses to plaintiffs' care and imposed strict restrictions upon plaintiffs' future ownership of livestock. Plaintiffs were arrested on charges of animal cruelty, and 14 horses and donkeys, among other animals, were removed and transported to Stray Haven's offices for appropriate medical treatment. that same day, Cipar again returned to the property accompanied by several volunteers and two deputies from the Tioga County Sheriff's Department. Based on her observations, Rodgers concluded that the horses were malnourished and in need of immediate veterinary attention.Īt approximately 11:00 p.m. The horses had no food or water, were standing in a deep accumulation of feces and, apparently, one of the mares had miscarried a foal, which laid dead in the stall under the horse's feet. In a nearby barn, two mares were discovered with foals. After Cipar explained to Hand that he was present to investigate the condition of plaintiffs' animals, Hand granted Rodgers permission to examine the animals and accompanied Rodgers and Cipar as they toured the property. On this occasion, Cipar was met by plaintiff Irving Hand. Plaintiffs were still not at home, so Cipar and his coworker departed the property.Īt roughly 4:00 p.m., Cipar returned to the property with defendant Robin Rodgers, an equine veterinarian. His companion noted that the animals appeared emaciated and that a particular stallion was afflicted with numerous bite marks. When it became apparent that plaintiffs were not home, Cipar left the property.Īpproximately four hours later, Cipar returned to the property with another employee of Stray Haven and observed that the condition of the animals had not improved. Cipar entered upon plaintiffs' property and approached the door of the residence, whereupon he witnessed two additional horses in similar circumstances and a caged Rottweiler with no food and putrid water. Upon his arrival, Cipar observed several horses and donkeys in barren pastures abutting the road and further noted that the animals had not been provided with adequate food and water. In response to repeated complaints concerning the condition of plaintiffs' livestock, Thomas Cipar, a cruelty investigator for defendant Stray Haven Humane Society and S.P.C.A., Inc., responded to plaintiffs' property in Tioga County at approximately 8:00 a.m. Appeal from an order of the Supreme Court (Rumsey, J.), entered Februin Tioga County, which, inter alia, partially granted plaintiffs' cross motion for partial summary judgment. Irving Hand et al., Respondents, v Stray Haven Humane Society and S.P.C.A., Inc., et al., Appellants.Ĭardona, P.J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.Īs corrected through Wednesday, October 12, 2005
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