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YONKERS RACING CORP. v. STATE

183 Misc.2d 456 (2000)

705 N.Y.S.2d 193

YONKERS RACING CORPORATION, Plaintiff, v. STATE OF NEW YORK, Defendant.

Supreme Court, Westchester County.

February 1, 2000.

Attorney(s) appearing for the Case

Bleakley Platt & Schmidt, L. L. P., White Plains (Frederick J. Martin of counsel), for plaintiff.

Eliot Spitzer, Attorney General, White Plains (Michael A. Zeytoonian of counsel), for defendant.

OPINION OF THE COURT

JOAN B. LEFKOWITZ, J.

Plaintiff sues for declaratory relief that section 318 (4) of the Racing, Pari-Mutuel Wagering and Breeding Law is unconstitutional. Seven causes of action are asserted in the complaint and four theories are advanced against the legislation. Plaintiff moves for summary judgment and defendant purports to cross-move for judgment dismissing the complaint but has failed to submit a notice of cross motion (CPLR 2215...

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