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JACOBSON v. N. Y. RACING ASSN.

41 A.D.2d 87 (1973)

Howard Jacobson, Respondent, v. New York Racing Association, Inc., Appellant

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

March 5, 1973.

Attorney(s) appearing for the Case

Cahill, Gordon, Sonnett, Reindel & Ohl (David R. Hyde, O. Carlysle McCandless and Roger S. Fine of counsel), for appellant.

Jesse Moss (Sue Wimmershoff-Caplan of counsel), for respondent.

GULOTTA and BRENNAN, JJ., concur with HOPKINS Acting P. J.; BENJAMIN, J., concurs in part and dissents in part and votes to affirm the order insofar as appealed from, without modification, in an opinion. MUNDER, J., dissents and votes to reverse the order insofar as appealed from and to grant the motion to dismiss the complaint as against appellant.

HOPKINS, Acting P. J.

The respondent, a licensed owner and trainer of thoroughbred horses, has been granted stable space since 1952 at racetracks owned and operated by the appellant. In 1970 the respondent's license was suspended by the Racing Commission of the State of New York for a period of 45 days; the appellant refused to allot stalls to the respondent after the restoration of his license. Alleging injury...

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