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OFF-TR BET v. HORSEMEN'S ASSN

92 Misc.2d 232 (1977)

Capital District Regional off-Track Betting Corporation, Plaintiff, v. Northeastern Harnes Horsemen's Association, Defendant.

Supreme Court, Schenectady County.

November 25, 1977

Attorney(s) appearing for the Case

Brackett, Eddy & Dorsey (Francis E. Dorsey of counsel), for defendant. Hershkowitz, Rodriquez & Stillman, P. C. (Philip Stillman of counsel), for plaintiff.

ARTHUR C. AULISI, J.

This is a motion by defendant pursuant to CPLR 3211 (subd [a]) for a judgment dismissing the complaint in the aboveentitled action.

The plaintiff is a public benefit corporation organized under the provisions of subdivision 1 of section 172 of the Regional Off-Track Betting Corporations Law of the State of New York (L 1973, ch 346, § 5) and engages in the conduct and operation...

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