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ZOLL v. NEW YORK CITY OFF-TRACK BETTING CORPORATION

258 A.D.2d 267 (1999)

685 N.Y.S.2d 34

FRANK ZOLL, Individually and on Behalf of All Others Similarly Situated, Appellant, v. NEW YORK CITY OFF-TRACK BETTING CORPORATION, Respondent.

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

Decided February 2, 1999.

The complaint herein, seeking damages for defendant's alleged miscalculation of plaintiff's race track winnings, was properly dismissed since the notice of claim upon which maintenance of the action is conditioned (see, Racing, Pari-Mutuel Wagering and Breeding Law § 618; Justy v New York City Off-Track Betting Corp., 199 A.D.2d 190, lv denied 83 N.Y.2d 758) was defective. Although plaintiff's claim for relief...

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