Judgment reversed, on the law, and new trial granted, with costs to abide the event.
The plaintiff was the successful claimant of a racehorse at a claiming race run at Aqueduct Racetrack on December 6, 1977. The Daily Racing Form, the "Aqueduct Official Racing Program" and the "Affidavit of Ownership" delivered to the plaintiff after the race, all described the horse as a colt. The plaintiff took possession of the horse after the race and brought it to the...
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