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RAIMONDI v. NEW YORK RACING ASS'N

213 A.D.2d 708 (1995)

624 N.Y.S.2d 273

Raymond Raimondi et al., Appellants, v. New York Racing Association, Respondent

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

March 29, 1995

Ordered that the order is affirmed, with costs.

The instant action was commenced by the plaintiffs to recover damages sustained by the plaintiff Raymond Raimondi when the seat in which he was sitting in the grandstand of the defendant's racetrack collapsed. At trial, after the plaintiff failed to present proof that the defendant had actual or constructive notice of any defect in the seat, the defendant moved for judgment...

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