COLE v. NEW YORK RACING ASS'N


24 A.D.2d 993 (1965)

Barbara Cole, as Administratrix of The Estate of Sidney Cole, Deceased, Respondent, v. New York Racing Association, Appellant, et al., Defendants

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

December 13, 1965


Judgment affirmed, with costs.

The action arose out of a fatal accident on July 11, 1961 at Aqueduct Race Track, which is owned and operated by appellant. During the course of an "exhibition" workout between races, plaintiff's intestate, Sidney Cole, a well-known professional jockey, was thrown from his mount after it had twice in rapid succession collided with the infield track rail. This railing, installed in 1959 when the track was completely rebuilt, was constructed...

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