Thornton v. Am. Kennel Club, Inc., 182 A.D.2d 358 (N.Y. App. Div. 1992). · Go Syfert
Thornton v. Am. Kennel Club, Inc., 182 A.D.2d 358 (N.Y. App. Div. 1992). Cases Citing This Book View Copy Cite
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N.Y. App. Div. · 2026 · confidence medium
Auth.</i>, 182 AD2d 358, 358 [1st Dept 1992]; <i>Joseph v New York City Hous.
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Furthermore, although arbitrary action of a private association may still be subject to judicial scrutiny ( see Jacobson v New York Racing Assn. , 33 NY2d 144, 150 [1973]; Caposella v Pinto , 265 AD2d 362, 363 [2d Dept 1999]; Thornton v American Kennel Club , 182 AD2d 358, 358 [1st Dept 1992]), Supreme Court correctly concluded that the documentary evidence submitted in support of the motion to dismiss, considered with the petition itself and the exhibits submitted with it, establish that respondent's determination was not arbitrary or inconsistent with its own rules.
discussed Cited as authority (rule) Matter of Dubuche v. New York City Tr. Auth. (2×)
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Auth., 182 AD2d 358, 358 [1st Dept 1992]).
cited Cited as authority (rule) Matter of Mercedes v. City of New York
N.Y. App. Div. · 2019 · confidence medium
Auth. , 182 AD2d 358, 358 [1st Dept 1992]).
Retrieving the full opinion text from the archive…
Morley E. Thornton
v.
American Kennel Club, Inc.
Appellate Division of the Supreme Court of the State of New York.
Apr 2, 1992.
182 A.D.2d 358
1992 N.Y. App. Div. LEXIS 5420
Cited by 1 opinion  |  Published

Order, Supreme Court, New York County (C. Beauchamp Ciparick, J.), entered March 5, 1991, which granted defendants’ motion to dismiss the complaint and the judgment of the same court and Justice entered thereon on March 25,1991, unanimously affirmed, with costs.

On the record before us, IAS court correctly found no evidence of fraud, substantial wrongdoing, arbitrary and capricious conduct, or abuse of discretion in defendant’s suspension of plaintiff as a dog show judge for a period of one year, and thus properly refused to interfere with the internal affairs of a private corporation (see, Matter of Caso v New York State Pub. High School Athletic Assn., 78 AD2d 41, 48). The IAS court also correctly held that plaintiff had no standing to assert an ultra vires claim since he was not a member of defendant (see, 14 NY Jur 2d, Business Relationships, § 428). Further plaintiff has failed to make a showing of State action such as would[*359] warrant a due process claim (Blum v Yaretsky, 457 US 991; Matter of Smallwood v Warren, 50 AD2d 598) or of a contract combination or conspiracy among independent entities engaged in commercial or business pursuits that caused a competitive injury in a relevant market within this State such as to support a Donnelly Act claim (see, e.g., Associates Capital Servs. Corp. v Fairway Private Cars, 590 F Supp 10, 13; Primo Constr. v Swig Weiler & Arnow Mgt. Co., 160 AD2d 379, 380). Concur—Murphy, P. J., Carro, Wallach, Ross and Rubin, JJ.