A lawsuit from a Cortlandt Manor man and his son accuses Bedford's Northwind Kennels of negligence in handling their dog, Patton, and blame the business for the pet's death from an infection.
The suit, filed on July 26 in state supreme court in White Plains, is from father Greg Gale and son James Gale. It also names kennel owner Penelope Smith-Berk as a co-defendant.
The complaint states that the 10-year-old Akita was dropped off on June 21 for a 12-day stay and that he was in good health. The family, Greg Gale told Patch, was leaving for a family vacation after his son's graduation from Hendrick Hudson High School. The lawsuit then claims that the Gales were alerted that Patton had been hospitalized and had decubitus ulcers on several sections of its body, along with other problems. Patton was taken to a local animal hospital and was euthanized on July 8, the suit states, adding that more than $10,000 was billed to the plaintiffs by the facility.
The Gales are seeking an unspecified amount of damages relating to Patton's death and medical costs, along with unspecified putative damages.
"The physical condition and injuries which the Plaintiffs' dog sustained and his death were proximately caused by the Defendants' negligence, carelessness and want of care in the manner in which they cared and treated him while in their exclusive custody," the lawsuit states.
Gale told Patch that there are photos of the infection, which he said went to the dog's bone on his left side.
"They are gruesome," he said.
The kennel, in the lawsuit, is also accused of breach of contract.
Gale has taken to Facebook about the topic, setting up a page called Justice for Patton, and speaking with several local media outlets.
Patton has been with the family since he was a puppy, Gale said, originally as a Christmas present for James. He was also left in Northwind's custody in the past, Gale said.
Reached for comment, Smith-Berk denies Gale's accusation. She declined to get into details about the allegations because of advice from her insurance company, although she is upset with Gale, claiming that he is trying to destroy her business.
Smith-Berk, who lives in Bedford, vehemently defended her business' reputation, noting that she runs a large cat rescue operation and dog adoption, including help in the aftermath of Hurricane Sandy.
The owner of the kennel, which is located at 402 Old Post Road, also confirmed a recent Journal News report about the lawsuit that stated she planned to sue for unpaid billing for the dog's lodging. She added that she had already retained an attorney for the matter.
Asked about a possible countersuit, Gale said he did not pay the bill because of advice from his attorney. He also questioned why Smith-Berk would want to sue, calling it a "big mistake for her." If Smith-Berk were to sue, Gale contends, he would bring up what happened with Patton.
The lawsuit from Gale is not the only one on file against Northwind.
In 2011 a South Salem man named Jonathan Afra sued, alleging that the kennel did not properly handle his dog's skin disease, which he said was not apparently when the dog was dropped off. Northwind denied the allegations in its responses, and the case was dropped, with both parties consenting, several months later.
Currently, Northwind, Smith-Berk and the owner of the kennel's site, IMTTO, LLC, are being sued over allegedly unpaid mortgage debt. The plaintiff is Utah's Zions First National Bank, which claims default on the debt and sought foreclosure of the premises. Smith-Berk, who also owns IMTTO, stated that an attempt is being made to restructure the debt. An attorney handling the case on behalf of Zions could not be reached for comment.
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