Western New York Equine Lawyer?

You must be new to COTH. “Trainwrecks” are quite common on this board.

This is not FoxyFizz’s thread. And trainwrecks, while not what COTH is about, are certainly what COTH threads frequently turn into. FoxyFizz may not know this, or may have forgotten, since according to their first post on this thread their previous post was 11-some years ago.

You know perfectly well that OverandOnward isn’t new. Please don’t parachute in and stir the pot here. Thanks!

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I do not know that. If I had, I would not have said it.
So don’t you parachute in and attack me, accusing me of knowing something I didn’t.
Your thread’s already a trainwreck. Pity. Don’t add to the carnage.

So either gulp down some Pepto-Bismol or out the “rescue.”

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Yes, very hard to get a lawyer to take on malpractice. Different situation but when my aged father passed away we discovered that his attorney had borrowed money from my father complete an unsecured loan doc, forged signature and a couple other problems. Attorney quit making payments due to either drugs or gambling, ended up in jail. We called a number of different firms in the area, no one wanted to touch it. Finally found a guy who was literally weeks from retirement to take it on. We did get a judgement but there were no assets left.

You do understand that schoolmaster means that they’ve been on here for a while correct? I’m quite sure that you wouldn’t miss that. Of course if you thought that it was already a train wreck, stirring the pot would be so appropriate!

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:rofl: :rofl:

“Schoolmaster” could mean anything the way COTH is these days. At one time the different designations meant something; then people could make up their own; now, who knows?

I see you caught “rain wreck” and corrected it while I was reading your post …

It’s funny how you’re so “sure” of things about me considering you don’t know me.

Carry on with your rain wreck.

Well, I do always wonder why people who do not have horses participate in a horse forum. However, I do feel for them. It’s tough not being around horses anymore, living in an apartment with your cat, and thinking of the good old days.

That doesn’t justify parachuting in on threads with pure nastiness. This isn’t the first time I’ve made mention of it with you as you know. Trying to spew on the thread supporting people sharing their having rough times was a pretty low move on your part.

We’re trying to help someone here. Obviously, you do not care. That’s fine, but you should take your nastiness elsewhere.

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Too true! I had an attorney try and get me a referral to an malpractice attorney, and while they may be the pariahs of the legal eagles, they are also very careful to be sure that not only can the action be successful- they want to be sure that the defendant has deep pockets. It isn’t enough to actually be wronged by an attorney.

This situation has so many ins and outs. The reality is that this lady just wants her equine family- as much of that as she can- BACK!

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By the way- if you saw that typo for as long as it was up there- mea culpa. And maybe you need another hobby if your nose is pressed so closely, and so often, to your monitor.

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Interjecting just to say that sadly COTH has devolved into nastiness and judgement times about a thousand since I joined in something like 2008. That’s why I stay away these days, mostly.

But I think @OverandOnward and, for that matter, @Rackonteur, predate me.

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It seems there is quite a bit of information not provided on this Case. There were 41 horses, not 20. It was her boyfriend who owned the property that was foreclosed on. The horses were held for her to claim and she did not do so. When horses were removed there were deceased horses on the property and the horses were not in good shape. Every effort was made to allow her to keep her horses, but she did not follow through.

This is a very sad situation that only happened because of inaction of the owner. There was no collusion …only concerned parties that did not want these horses to end up with dealers or killbuyers. No horses were sold after the auction. In fact they all were in horrible shape and needed extensive vetcare.

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ABS_Stars
“The horses are American Saddlebreds all registered to the American Saddlebred Registry in Lexington, KY. Given their bloodlines, they have a value anywhere from four figures to five figures or more($1,000 to $80K). Even assuming Tenant owed money to Gentleman for their care, it was significantly less than the amount he achieved by selling them at this low end auction. No funds were forthcoming to Tenant ultimately, she would like her horses returned to her. At the time of the initial taking in August, Tenant had 6 mares (female horses) with babies by their sides. There were only four babies and their mothers at the sale. I have a witness willing to state under oath that she is aware that one of the babies was trampled to death in the trailer from wherever Gentleman was hiding the horses to the sale. The vet onsite did all she could do, but it was too late.”
"$20-$30K to purchase approximately 18 of the 20 horses that sold that day. "

Best case scenario is that the horses are returned to the owner.
Bad second best might be that she paid their true value less supposed money owed for care after seizure by gentleman claiming charge was $20 per day for 30 days for estimated 20 horses (questionable) = approximately $12,000.
If horses were sold for a supposed debt of $12,000 and sold for $20 - $30K which is likely far less than they were/are worth, isn’t the difference between alleged money owed to gentlemen and the true value of the horses owed to original owner/tenant?

Question: Based on a totally different situation in Calif,[/u] many years ago** where a barn owner did get a sales lien to sell 2 quite nice WBs for board owed. The owner fought it. The point is that the barn owner would have had to the pay the horse owner the difference between what she was owed and the horses’ values. The barn owner had people interesting in buying the horses at bargain prices which would have paid the past due board plus but not what the horses were worth. The barn owner would have had to pay the horses’ owner the difference based on worth, not sales price.

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So why did the auction accept them for sale, when in NY the animals must be “fit to work” to be sold at auction?

If the animals were in bad shape and the situation so bad, why aren’t charges pending?
If there were deceased horses on the property violating some regulation regarding disposal, again why aren’t there charges pending?

Finally who are you, and how do you know these details?

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That would be a question that needs to be asked of every auction in NY. You obviously have not been to these auctions and seen the condition of horses sold.It happens all the time. Instead of bashing a rescue for helping these horses maybe the question is where would they be if someone had not intervened…exploited by a dealer or worse shipped to slaughter? There are multiple known killbuyers at this sale. They posted picts of some of the horses and they were pathetically skinny.

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Link?

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No, asking the fox isn’t how this gets addressed… that’s really not going to get us the truth.

The conditions at these sales happens because no one turns them in, and no one is willing to do anything. “Rescues” keep buying underweight, lame, I’ll horses from these people, at inflated prices… that is how these sales and dealers and kill buyers pay their bills. With “rescue” money
It simply perpetuates the problem.
Why didn’t anyone help her in the three years you say this was going on… If it was known, as you say, then why wait til they hit Unadilla to “help”?

I haven’t seen where a rescue helped these horses, and thus haven’t bashed any rescues.
Read my comments, I’m upset with every authority at ever level who seemed to ignore procedure and protocol.

Sound like they were exploited by several people and agencies.

Yes, I’m aware of the people running and frequenting that sale, which is why not sending animals there, and not buying from there so the scum there make a buck is my choice of action.

Who did? And where are these pics posted?
For someone who thinks we should get answers and details you sure don’t actually offer many yourself.

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I was referring to the other posts bashing the rescue who helped. Funny if they didn’t help and they all went to bad places rescues would be bashed for not helping. I do not feel the horses were exploited. She is a grown educated woman …she had 3 years to find a place. In my opinion she is the one who exploited the horses by trying to use them to gain sympathy and try to cloud the fact that she was irresponsible. She left those horses on a property she and her boyfriend owner were evicted from.

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If only things like this were that simple.
They never are.

Don’t assume wrt people on COTH.
This board is made up of some of the most experienced, knowledgeable, generous people.
But we don’t put up with BS and we don’t wholly buy any one side of a story. We’ve all been around the block with some of the biggest scam artists, from horse abusers and neglecters to rescues that scam just as bad.

But you don’t offer actual info, like pictures or charges or even the name of the rescue that “helped”, which is telling to those of us who have been burned.
So… You’re not really doing your argument any favors.
.

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Well shame on those who sympathize with her. She was evicted from the property and had 41 horses. Not to mention that 5 had foals , and many are thought to be in foal. She was actively breeding despite not having a property, knowing she was on borrowed time. SMH that anyone thinks this was ok. I’m not presenting an argument…just facts.

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