MANINO v. STATE OF NY


110 Misc.2d 868 (1981)

Mary Manino, Claimant, v. State of New York et al., Defendants. (Claim No. 65526.)

Court of Claims.

September 21, 1981


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (George M. Levy of counsel), for defendant. Rinaldi & Rinaldi (John R. Rinaldi of counsel), for claimant.


THOMAS J. LOWERY, JR., J.

This is a motion to dismiss the above-entitled claim on the grounds that the claim fails to state a cause of action (CPLR 3211, subd [a], par 7) and that the court has no jurisdiction over the subject matter. (CPLR 3211, subd par [a], 2.)*

The claimant seeks damages for the failure of the Western Regional Off Track Betting Corporation to honor a winning trifecta wager placed at its office...

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