NEW YORK (AP) – A Manhattan man has filed a $6 million lawsuit in an attempt to force the return of a small dog that he says was a gift to his cancer-stricken teenage daughter from a now-imprisoned contractor and former friend.

Martin Klein, a lawyer, says in papers filed in Manhattan’s state Supreme Court that the dog, a purebred Yorkshire terrier named Hershe, was given to his 15-year-old daughter, Michele Klein, by Ted Kohl on her 11th birthday.

Court papers say Kohl was taking care of Hershe while the Klein family was on vacation in London. After Kohl was sentenced Nov. 28, he gave the dog to a friend, Gayle Fisher Worth, who has kept the dog and refused to return it, Klein’s court papers say.

Klein’s lawyer, Hayley Greenberg, said Kohl, a longtime friend of Klein’s family, gave Michele the dog as a gift.

“Hershe was supposed to be returned to our client the day he (Kohl) went to prison, but he didn’t,” Greenberg said.

Court papers say Michele has been diagnosed with “malignant melanoma.”

and Hershe “gave her great comfort and assisted in her recovery efforts.” The dog’s absence is adding stress to the girl’s body, court papers say.

The lawsuit, which was filed Wednesday and names Worth as the only defendant, seeks $1 million as the value of Hershe to the Kleins and $5 million for intentional infliction of emotional distress.

Greenberg said she has obtained an order directing Worth to come to court and explain why she should not be required to give the dog to Michele.

Worth, who was reached by telephone and asked for comment, said, “I don’t want to talk to you,” and hung up.

In October, Kohl pleaded guilty to larceny charges related to his theft of $2.5 million during the renovation of the Asprey luxury goods store in Trump Tower on Fifth Avenue. He was sentenced to 4 1/3 to 10 years in prison and ordered to pay $3 million restitution.

AP-ES-01-05-06 1908EST