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HAMMER v. AM. KENNEL CLUB

304 A.D.2d 74 (2003)

758 N.Y.S.2d 276

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

Appellate Division of the Supreme Court of the State of New York, First Department.

February 27, 2003.

Attorney(s) appearing for the Case

Joseph P. Foley of counsel (Leslie K. Anker on the brief; Jon H. Hammer, appellant pro se.

Dale C. Christensen, Jr., of counsel (John J. Galban and Jonathan D. Matkowsky on the brief; Seward & Kissel LLP, attorneys), for The American Kennel Club, Inc., respondent.

Debra I. Resnick of counsel (Morea & Schwartz, P.C., attorneys), for The American Brittany Club, Inc., respondent.

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

MAZZARELLI, J.P., and MARLOW, J., concur with SAXE, J.; ELLERIN and LERNER, JJ., dissent in a separate opinion by ELLERIN, J.

OPINION OF THE COURT

SAXE, J.

Through the years, the American Kennel Club (AKC) and its member breed clubs have set breed standards for dogs entering various competitions sponsored by that organization. For each of the 146 separate breeds recognized by the AKC, distinct breed standards are established, initially by the national parent breed club, and then submitted to the AKC for approval. For some breeds, the standard involves the cropping, or clipping...

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