13:17, July 06 214 0 abajournal.com

2017-07-06 13:17:05
Lawyer attributes condo suit over Latham partner’s pit bull to ‘dog racism’

A Manhattan condominium association is suing a Latham & Watkins partner in an effort to evict her pit bull.

The suit against lawyer Michelle Kelban-Carteron by the board of managers of the Chelsea Modern condo is citing condo rules that ban any pit bull and “other potentially dangerous dog” from the building. The Am Law Daily (sub. req.) covered the lawsuit (PDF) following reports in the New York Daily News and the New York Post.

The suit claims that on May 31, Luna the pit bull “came rushing out of the unit and savagely attacked another dog” owned by another unit owner. It also alleges that Luna was allowed to be aggressive and to “lunge and bark at other dogs.”

The complaint, which seeks an injunction, alleges breach of contract and creation of a public and private nuisance.

Soon after the alleged attack, Kelban-Carteron got Luna certified as a service dog providing emotional support for her husband, who suffered injuries in a cycling accident.

Kelban-Carteron is represented by real estate lawyer Adam Leitman Bailey. “I call this dog racism,” Bailey told the Am Law Daily. “Because of [the dog’s] breed, they’re going after it.”

Bailey told the publication that Luna had not been certified as a service dog before the incident because Luna had not shown aggression in the past and there was no need get the certification to protect her.