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STATE v. HORSEMEN'S ASSN

55 A.D.2d 251 (1976)

State of New York, Appellant, v. Horsemen's Benevolent and Protective Association (New York Division) et al., Respondents

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

December 28, 1976

Attorney(s) appearing for the Case

Robert Kruger of counsel (Samuel A. Hirshowitz and John M. Desiderio with him on the brief; Louis J. Lefkowitz, Attorney-General), for appellant.

Jesse Moss (Sue Wimmershoff-Caplan with him on the brief), attorney for respondents.

STEVENS, P. J., MARKEWICH, MURPHY and SILVERMAN, JJ., concur.

KUPFERMAN, J.

This is an action pursuant to subdivision 1 of section 340 of the General Business Law (the Donnelly Act) for injunctive relief and a penalty. After a nonjury trial in 1974, the complaint was dismissed, and a preliminary injunction vacated.

The defendant Horsemen's Benevolent and Protective Association is comprised of some 4,000 members, the great bulk of whom are horse owners and the remainder...

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