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HALPERN v. LOMENZO

35 A.D.2d 41 (1970)

Joel Halpern et al., Respondents, v. John P. Lomenzo, as Secretary of State of The State of New York, et al., Appellants

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

July 8, 1970.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Thomas G. Conway and Ruth Kessler Toch of counsel), for John P. Lomenzo, appellant.

Cahill, Gordon, Sonnett, Reindel & Ohl (David R. Hyde, O. Carlysle McCandless and Roger S. Fine of counsel), for New York Racing Association and others, appellants.

Jesse Moss, Sue Caplan and Ed Greenberg for respondents.

HERLIHY, P. J., STALEY, JR., GREENBLOTT and SWEENEY, JJ., concur.

REYNOLDS, J.

This is an appeal from an order of the Supreme Court, Albany County, denying appellants' motion to dismiss respondents' complaint and for summary judgment.

The respondents, all owners, trainers and racers of thoroughbred race horses in New York and members of the Horsemen's Benevolent Protective Associations, Inc. [hereinafter collectively referred to as HBPA] brought the instant action on...

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