Northwind Kennels denies a claim from a Cortlandt Manor man that it was negligent in taking care of his dog and contributed to its death, according to a response filed last Wednesday in state Supreme Court.
The Bedford kennel denies each of the accusations in a lawsuit filed this summer by Gregory Gale, who argues that his 10-year-old Akita dog Patton was improperly handled when left in its care.
Gale and his son, James, left Patton at the kennel for a 12-day stay because they went on a vacation in June. The two are co-plaintiffs and claim that Patton was hospitalized with decubitus ulcers on his body and was euthanized as a result. They claim that more $10,000 was billed for his treatment. The father and son are seeking damages connected to the medical cost, along with putative damages.
Northwind, along with owner Penelope Smith-Berk, are listed as co-defendants in the petition.
In the response and through an attorney, the defendants argue that they should not be liable. One defense is that if there were damages or injuries for the plaintiffs, it is argued that "such injuries or damages were the result of the culpable conduct of the plaintiff or because of the plaintiff's assumption of risk."
The defense then argues that if liability is determined, then damages should be made in proportion to the responsibilities of those involved.
The defendants, through their attorney, also argue that a putative damage award would go against their constitutional rights related to due process and that it would be based on a vague standard. The defendants also want the lawsuit dismissed.
Foreclosure Lawsuit Continues
Smith-Berk, who also owns a limited liability company that serves as the kennel's landlord, also faces continued legal action regarding a foreclosure lawsuit of the property, which is located at 402 Old Post Road.
The lawsuit was brought by Utah's Zions First National Bank and alleges mortgage debt default by site owner IMTTO, LLC. Northwind and Smith-Berk are named as co-defendants in the case.
While a judge sided with the bank earlier this year and allowed for a sale of the property, the defense is contesting the case, according to court records. The same judge who ordered the sale has since stayed it, with a court date now scheduled for next month, court records state.