JACOBSON v. NEW YORK RACING ASS'N, INC.


49 A.D.2d 634 (1975)

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

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

July 21, 1975


Judgment affirmed, with costs.

No opinion.

Rabin, Acting P. J. (dissenting).

I dissent and vote to reverse the judgment and grant a new trial. Howard Jacobson, the plaintiff, is an owner and trainer of race horses; the defendant New York State Racing Association, Inc. (NYRA) owns all of the major race tracks in New York. There are only a limited number of stalls for horses at race tracks and, since the demand exceeds the supply, the NYRA...

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