Judge allows pet stores to resume sale of puppies

A pair of Long Island pet stores, accused by state Attorney General Letitia James of knowingly purchasing and selling dogs with serious illnesses, can resume selling puppies, but under strict conditions, according to an order by a Nassau County judge.

The ruling, issued Friday by Nassau Supreme Court Justice Helen Voutsinas, lifts a temporary restraining order from December preventing Shake A Paw, with stores in Hicksville and Lynbrook, from purchasing animals for resale.

But the company must first post a $250,000 bond, agree to purchase animals from breeders licensed by the U.S. Department of Agriculture and provide a list of the breeders from whom it bought puppies to the attorney general's office and allow the animals to be examined by an independent veterinarian.

“The temporary restraining order … must be modified to permit respondents to continue to operate their business, including to permit them to purchase and sell puppies,” Voutsinas wrote.

Shake A Paw co-owner Marc Jacobs said his company followed state laws and regulations.

“For over 28 years, Shake A Paw has brought joy to 80,000 loyal and highly satisfied Long Island pet owners and their families,” he said. “Shake A Paw only acquires puppies from licensed and lawful breeders and has never knowingly sold a sick puppy.”

Voutsinas dismissed a claim alleging Shake A Paw puppies were not handled in a humane manner, causing them physical injury or harm.

But she let stand claims that the company operated in a fraudulent manner, engaged in deceptive businesses practices and falsely advertised its product, noting that provisions in its contract with people who purchase puppies are “likely to mislead a reasonable consumer.”

A hearing, Voutsinas said, will be needed to resolve the remaining violations.

“Shake A Paw must be held accountable for all the pain they caused countless families who bought sick puppies from their stores,” said Attorney General James in a statement. “Overwhelming evidence shows that Shake A Paw’s business practices were unconscionable and illegal. We will continue to fight to protect these puppies and New York consumers. New Yorkers deserve relief for being misled and we are determined to provide it to them.”

Shake A Paw attorney Richard Hamburger called the decision “vindication” for the company and said the Lynbrook store, which closed last month, would now reopen.

James’ lawsuit argues Shake A Paw sold puppies with serious illnesses or congenital defects, despite receiving health certifications signed off by the company’s contracted veterinarians, oftentimes days before sale. Many of the puppies died within weeks of purchase, the suit said.

The suit, which seeks restitution and civil penalties, contends Shake A Paw sold dogs acquired at puppy mills, lied about their health and pedigree, fabricated health certificates and failed to provide refunds, in violation of the Pet Lemon Law.

Jacobs said his company had reimbursed veterinary bills up to the sales price, given full refunds to customers or exchanged sick puppies for another.

Court filings by Shake a Paw said 214 of 220 puppies examined in January by an independent veterinarian appointed by the court were cleared as healthy and fit for sale.

But James’ office said its contracted veterinarians visited the stores a month earlier and found much sicker animals. The attorney general’s vets then provided medical advice to better treat the animals, officials said.

By Robert Brodsky

robert.brodsky@newsday.com@BrodskyRobert

Robert Brodsky is a breaking news reporter who has worked at Newsday since 2011. He is a Queens College and American University alum.