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WHITESTONE SHOPPING CENTER, INC. v. NEW YORK CITY OFF-TRACK BETTING CORPORATION

256 A.D.2d 331 (1998)

683 N.Y.S.2d 274

WHITESTONE SHOPPING CENTER, INC., Respondent, v. NEW YORK CITY OFF-TRACK BETTING CORPORATION, Appellant.

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

Decided December 7, 1998.

Ordered that the order is reversed, on the law, without costs or disbursements, and the motion is denied.

The Racing, Pari-Mutuel Wagering and Breeding Law requires that in an action to recover under a lease, a notice of claim must be served within 90 days after the cause of action shall have accrued (see, Racing, Pari-Mutuel Wagering and Breeding Law § 618; see also, Racing, Pari-Mutuel Wagering and Breeding Law § 514; Quicksilver Assocs...

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