It’s a trot tort!
The owners of Deniz, a 16-year-old carriage horse who died suddenly in Central Park on June 9, have filed a “notice of claim” — a required step before suing the city — alleging that the horse died from eating Japanese yew planted along the park’s carriage drives.
The document, filed Sept. 8 by brothers Nurettin and Ummet Kirbiyik, who operate Arsian Horse Carriage, names the City of New York, NYC Parks, the Health Department, the Department of Consumer and Worker Protection, the Department of Transportation and the Central Park Conservancy.
The claim alleges Deniz ate the berries near the East Drive, just north of East 90th Street, before collapsing roughly 45 minutes later near the West Drive and dying.
According to the claim, a necropsy by Cornell University’s Animal Health Diagnostic Center found evidence of Japanese yew and diagnosed the late beast with Taxus, or yew toxicosis.
The owners allege the shrubs were planted within reach of carriage horses and that there were no warnings, barriers or signs alerting drivers. And they claim the city and the Central Park Conservancy knew — or should have known — of yew’s toxicity.
The brothers are seeking at least $50,000 — the horse’s value plus veterinary and diagnostic costs, transportation expenses and business losses.
The claim also demands that the city and Conservancy survey and address toxic vegetation near carriage routes.
“[The horse carriage union] has now demonstrated how their own negligence has resulted in this unfortunate incident, since NYC Parks rules plainly forbid horses from eating vegetation anywhere across our 843 acres,” a spokesperson for Central Park Conservancy said in June.
“The same rule requires carriage drivers and operators to attend to their horses at all times in order to keep them safe and healthy. Perhaps if they had, Deniz would not have suffered as he did, and died,” it said.
The CPC also said it supports a ban on carriage horses in the park.
Robert Hantman, the brothers’ lawyer, responded saying “it’s ridiculous to ban a tradition that’s almost as old as the park itself” and that it’s “not surprising” the CPC is looking for a scapegoat.
We’ve reached out to NYC Parks for comment.
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