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MIRON v. YONKERS RACEWAY, INC.

No. 486, Docket 32158.

400 F.2d 112 (1968)

Adrien MIRON and Raymond Miron, Gilbert Miron, Vincent Miron and Adrien Miron as Executors of the Estate of Gerard Miron, Plaintiffs-Appellees, v. YONKERS RACEWAY, INC. and Saul Finkelstein, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided August 12, 1968.

Attorney(s) appearing for the Case

Adlai S. Hardin, Jr., New York City (Edward J. Reilly, Jr., and Milbank, Tweed, Hadley & McCloy, New York City, on the brief), for plaintiffs-appellees.

Arthur P. West, White Plains, N. Y. (Bleakley, Platt, Schmidt, Hart & Fritz, White Plains, N. Y., on the brief), for defendant-appellant Yonkers Raceway, Inc.

Jesse Moss, New York City (Sue Caplan, New York City, on the brief), for defendant-appellant Saul Finkelstein.

Before LUMBARD, Chief Judge and SMITH and ANDERSON, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

Yonkers Raceway, Inc. and Saul Finkelstein appeal from a judgment of the District Court for the Southern District of New York, Richard H. Levet, Judge, entered after a trial without a jury, rendering them liable to plaintiffs for the purchase price of a horse and dismissing their counterclaims on the merits. The horse was sold to Finkelstein under a warranty that it was sound, but on the day after the sale it was found to have a fractured...

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