Appellate Practice Attorney serving New York, NY
The puppy is yours. Once you give a person something as a gift, that something is (except in rare circumstances which are not present here, such as gifts in contemplation of death or marriage) theirs. Your friend's testimony that your ex-roommate repeatedly said that the dog was a gift will help your case, but, unless the rules are relaxed in small claims court (they very well may be), they will actually have to go to court to testify; letters from them are not admissible evidence because they would not have been subject to cross-examination.
Answered on Feb 19th, 2015 at 7:38 AM