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MORIARITY v. NY RACING ASSN.

134 Misc.2d 952 (1986)

Walter Moriarity, Claimant, v. New York Racing Association Inc., Defendant. Brian M. Rusnak, Claimant, v. New York Racing Association Inc., Defendant. John J. Van Rossen, Claimant, v. New York Racing Association Inc., Defendant. Louis Kenner, Claimant, v. New York Racing Association Inc., Defendant. David M. Bougopoulos, Claimant, v. New York Racing Association Inc., Defendant.

Civil Court of the City of New York, Queens County.

December 24, 1986

Attorney(s) appearing for the Case

Walter Moriarity, claimant pro se. Brian M. Rusnak, claimant pro se. John J. Van Rossen, claimant pro se. Louis Kenner, claimant pro se. David M. Bougopoulos, claimant pro se. Cahill, Gordon & Reindel (Ellen Perle of counsel), for defendant.

JOSEPH G. GOLIA, J.

I have consolidated the defendant's motion to dismiss the above-captioned small claims matters for the purpose of this decision only.

In each of the above-entitled actions the claimants allege that they had placed a wager on a horse named Allumeuse in the second race at Saratoga on August 2, 1986.

It is conceded by the defendant that Allumeuse "was first horse to cross the...

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