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ARONE v. HARNESS ASSN.

90 A.D.2d 137 (1982)

Ralph Arone, Respondent, v. Sullivan County Harness Racing Association, Inc., Appellant. (And Two Other Actions.)

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

December 9, 1982

Attorney(s) appearing for the Case

Friedlander, Gaines, Cohen, Rosenthal & Rosenberg (Joseph S. Rosenthal and Thomas J. McNamara of counsel), for appellants.

Newberg Law Offices (Marvin Newberg of counsel), for respondents.

SWEENEY and KANE, JJ., concur with YESAWICH, JR., J.; MAHONEY, P. J., and CASEY, J., dissent and vote to modify in an opinion by CASEY, J.

YESAWICH, JR., J.

These three appeals bring up for review a common legal issue. Plaintiffs are harness racing trainers, drivers, and owners licensed by the New York State Racing and Wagering Board. Defendant, Sullivan County Harness Racing Association, Inc., the private for-profit corporate owner of the Monticello Raceway, summarily barred plaintiffs from working and racing at its facility. Two of the plaintiffs...

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