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EPPS v. YONKERS RACEWAY, INC.

43 Misc.2d 53 (1964)

Richard H. Epps, Plaintiff, v. Yonkers Raceway, Inc., Defendant.

Supreme Court, Special Term, Queens County.

January 16, 1964

Attorney(s) appearing for the Case

Bleakley, Platt, Schmidt, Hart & Fritz (John C. Marbach and Arthur P. West of counsel), for defendant. Peter Rosenberg for plaintiff.

HAROLD TESSLER, J.

Defendant moves to dismiss the complaint on the ground that the pleading fails to state a cause of action (CPLR 3211, subd. [a], par. 7).

Defendant is a corporation duly organized and existing under the provisions of article II of the Pari-Mutuel Revenue Law (L. 1940, ch. 254, as amd.) for the purpose, among other things, of holding harness races at which pari-mutuel betting is conducted...

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