Aljosa Dobre and partners boarded their horses at a public stable and riding facility, operated by Riverdale Riding Corporation, pursuant to agreements which provided that either party could terminate the arrangement at any time, for any reason, on as little as 30 days' notice.
On July 10, 2009, Riverdale notified Dobre and his colleagues that it was cancelling the boarding agreements, and that they needed to remove the animals.
On July 31, Riverdale sent another letter, which reiterated that the contracts had been cancelled, and that the failure to remove the horses would be deemed an "abandonment."
In response, the owners filed suit in Westchester County Supreme Court for injunctive relief, and for damages based on an "illegal eviction."
After the Westchester County Supreme Court granted Riverdale's dismissal request, the owners appealed to the Appellate Division, Second Department, which found no liability since the boarding agreements had been properly terminated, in "accordance with their terms."
Neigh!
To view a copy of the Appellate Division's decision, please use this link: Dobre v. Holzer