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COHEN v. IUZZINI

46 Misc.2d 855 (1965)

Irving Cohen, Respondent, v. Joseph Iuzzini, Appellant.

Supreme Court, Appellate Term, Second Department.

June 23, 1965

Attorney(s) appearing for the Case

Allan Kasmin for appellant. Caputo & Levine (Michael Caputo of counsel), for respondent.

Concur — MARTUSCELLO, HOGAN and RITCHIE, JJ.

Per Curiam.

The agreement alleged to have been made between the parties outside the confines of a racetrack, whereby plaintiff was to receive a stated share of the prospective winnings of a wager to be made by him on defendant's behalf at the said racetrack, is void and unenforcible. (Penal Law, §§ 991, 992; 6 Williston, Contracts [Rev. ed], § 1681; People v. Hebert, 203 Misc. 173; Holberg v. Westchester...

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