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ASSN. HARNESS DRIVERS v. RACING COMM.

57 Misc.2d 135 (1968)

National Association of Harness Drivers et al., Plaintiffs, v. New York State Racing Commission et al., Defendants.

Supreme Court, Special Term, New York County.

May 28, 1968

Attorney(s) appearing for the Case

Henry B. Rothblatt, Martin B. Adelman and Emma Alden Rothblatt for plaintiffs. Cahill, Gordon, Sonnett, Reindel & Ohl (Jerome Doyle and Michael R. Lanzarone of counsel), for New York Racing Association, defendant. Louis J. Lefkowitz, Attorney-General (Mark T. Walsh and Joseph E. Ruggiero of counsel), for New York State Racing Commission and others, defendants. David Hyde for New York State Racing Association, defendant.

JOSEPH A. BRUST, J.

These are a motion by the plaintiffs for an order enjoining and restraining the defendants during the pendency of this action from paying out and distributing in purses for races run at the thoroughbred race tracks of this State the extra ½% of the "handle", which is the subject matter of this action, pending determination by the court of the constitutionality of a recently enacted statute, and cross motions by the defendants...

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