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AIELLO v. QUEENS CO. JOCKEY CLUB

208 Misc. 445 (1955)

Paula Aiello, Plaintiff, v. Queens County Jockey Club, Defendant.

Supreme Court, Special Term, New York County.

July 25, 1955.

Attorney(s) appearing for the Case

Wingate & Cullen for defendant.

Lee Bosco, Jr., for plaintiff.

STEVENS, J.

The motion to dismiss the complaint under subdivision 4 of rule 106 of the Rules of Civil Practice is granted.

Plaintiff alleges that on June 27, 1955, while a patron at the Aqueduct race track she placed wagers in the sum of $425 and lost the same. She now claims that under section 994 of the Penal Law she has a right of recovery. The plaintiff does not identify or describe with the necessary...

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