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HAMMER v. AM. KENNEL CLUB

1 N.Y.3d 294 (2003)

803 N.E.2d 766

771 N.Y.S.2d 493

JON H. HAMMER, Appellant, v. AMERICAN KENNEL CLUB et al., Respondents.

Court of Appeals of the State of New York.

Decided December 23, 2003.

Attorney(s) appearing for the Case

Joseph P. Foley, Irvington, Jon H. Hammer, New York City, and Leslie K. Anker for appellant.

Seward & Kissel, LLP, New York City (Dale C. Christensen, Jr., John J. Galban and Jonathan D. Matkowsky of counsel), for American Kennel Club, Inc., respondent.

Hartman & Craven LLP, New York City (Debra I. Resnick of counsel), for Brittany Club of America, respondent.

Kellner Chehebar & Deveney, New York City (Douglas A. Kellner of counsel), for Labrador Retriever Club, Inc. and others, amici curiae.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT and READ concur.

OPINION OF THE COURT

GRAFFEO, J.

Plaintiff Jon H. Hammer is the owner of a purebred Brittany Spaniel dog with a 10-inch-long natural tail. Defendant American Kennel Club (AKC) sponsors competitions that utilize a breed standard promulgated by defendant American Brittany Club (ABC). The standard penalizes Brittany Spaniels with tails longer than four inches. The issue in this appeal is whether Agriculture and...

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