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JACOBSON v. N. Y. RACING ASSN.

33 N.Y.2d 144 (1973)

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

Court of Appeals of the State of New York.

Decided November 21, 1973.

Attorney(s) appearing for the Case

David R. Hyde, O. Carlysle McCandless, Roger S. Fine and Miles M. Tepper for appellant-respondent.

Jesse Moss and Sue Wimmershoff-Caplan for respondent-appellant.

S. Chesterfield Oppenheim for Harness Tracks of America, Inc., amicus curiae.

Devereux Milburn and James E. Massey for Thoroughbred Racing Associations of the United States, Inc. and Thoroughbred Racing Protective Bureau, Inc., amici curiae.

Chief Judge FULD and Judges BURKE, BREITEL, GABRIELLI, JONES and WACHTLER concur.

JASEN, J.

The plaintiff, Howard Jacobson, is a licensed owner and trainer of thoroughbred horses. The defendant, New York Racing Association (NYRA), is a nonprofit racing association incorporated under the Racing Law (Horse Racing Act [L. 1926, ch. 440, as amd.], § 1-a). It owns the major thoroughbred racetracks in the State of New York — Aqueduct, Belmont Park and Saratoga — and, pursuant...

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