I’ll Be Doggone

The New York Appellate Division for the First Judicial Department affirmed the dismissal of a civil case.

Plaintiffs Ullum and French are owners of plaintiff Topaz Siberians Kennel, which breeds and exhibits purebred Siberian Huskies. On December 17, 2010, while attending a show-dog competition sanctioned by defendant the American Kennel Club (AKC), Ullum was accused of poisoning another competitor’s dog.

A local Event Committee held a hearing, at which Ullum chose not to testify because criminal charges were pending against him.

The Committee found Ullum guilty of attempting to poison the dog and recommended that he be suspended. AKC denied Ullum’s appeal of the suspension and reported the suspension on its website in March 2011. It also reported in its June 2011 newsletter that Ullum “was charged with feeding a dog medication that a veterinarian identified as having the potential to adversely affect the dog’s performance and health.” After Ullum was acquitted of the criminal charges arising from the incident, he asked AKC to reinstate him, but his request was denied in October 2012. A year later, plaintiffs commenced this action against AKC and its president, defendant Dennis Sprung.

The action was untimely and

Plaintiffs also failed to state a viable cause of action for breach of contract. Plaintiffs’ claim is bound by the terms of the entry form, plaintiffs failed to plead that the form prohibited AKC from upholding the local Event Committee’s recommendation to suspend Ullum, or that it was obligated to stay Ullum’s suspension or grant his request for reinstatement. Moreover, courts are reluctant to interfere with the internal disciplinary affairs of a private voluntary association such as AKC (see Thornton v American Kennel Club, 182 AD2d 358, 358 [1st Dept 1992]), and a breach of contract cause of action is not the proper vehicle for a claim that such an association has failed to fulfill obligations imposed by its internal rules (see Matter of Caso v New York State Pub. High School Athletic Assn., 78 AD2d 41, 45 [4th Dept 1980]; see also James v National Arts Club, 99 AD3d 523, 525 [1st Dept 2012], lv dismissed 21 NY3d 886 [2013]). In addition, there is no allegation that Sprung is a signatory on the entry form in his individual capacity or that he otherwise entered into an agreement with plaintiffs (see Tutora v Siegel, 40 AD3d 227, 228 [1st Dept 2007], lv denied 9 NY3d 808 [2007]).

The Huffington Post covered the acquittal. (Mike Frisch)