SCHROEDER v. SELKIRK


31 A.D.2d 47 (1968)

John Schroeder et al., Appellants, v. C. Russell Selkirk et al., Respondents

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

November 21, 1968.


Attorney(s) appearing for the Case

Jesse Moss and Sue Caplan for appellants.

Walter J. Bellcourt for C. Russell Selkirk, respondent.

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch and Thomas G. Conway of counsel), for Agriculture and New York State Horse Breeding Development Fund, respondent.

GIBSON, P. J., REYNOLDS, AULISI and STALY, JR., JJ., concur.


HERLIHY, J.

This is an appeal from a judgment and order of Special Term dismissing the complaint for failure to state a cause of action.

The relief sought in the complaint is that the expenditures of money under the direction and control of the defendants by giving it to Yonkers Raceway, Inc. be declared illegal, wrongful and in violation of law and that the same be enjoined. No answer has been interposed...

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