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EPPS v. YONKERS RACEWAY, INC.

21 A.D.2d 798 (1964)

Richard H. Epps, Respondent, v. Yonkers Raceway, Inc., Appellant

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

June 10, 1964

Order, insofar as appealed from, reversed, with $10 costs and disbursements; defendant's motion to dismiss the first cause of action as insufficient in law granted; and said cause of action dismissed.

From the factual allegations of the complaint, which must be accepted as true for the purposes of this motion to dismiss for legal insufficiency (cf. Schwartz v. Heffernan, 304 N.Y. 474

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