HARRIS v. EOC OF NASSAU


171 A.D.2d 223 (1991)

Ray Harris, Plaintiff, and B.W. Harris, Inc., Appellant, v. Economic Opportunity Commission of Nassau County, Inc., Respondent

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

October 28, 1991


Attorney(s) appearing for the Case

Deutsch, Klagsbrun & Blasband (Joseph Calderon of counsel), for appellant.

Daniel Mandel (Norman Bard of counsel), for respondent.

KOOPER, J. P., SULLIVAN and O'BRIEN, JJ., concur.


MILLER, J.

The question before us on this appeal, while seemingly innocuous at first blush, severely impacts upon a fundraising practice widely utilized by charitable organizations. Simply stated, we are called upon to determine whether a charitable organization may interpose the defense of illegality to defeat the claim by the winner of a raffle who was denied his winning prize. For the reasons that follow...

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