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LEMMA v. OFF TRACK BETTING CORPORATION

272 A.D.2d 669 (2000)

707 N.Y.S.2d 276

HERBERT LEMMA, Appellant, v. OFF TRACK BETTING CORPORATION, Respondent, et al., Defendant.

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

Decided May 4, 2000.

Rose, J.

On August 20, 1997, while patronizing a betting parlor operated by defendant Off Track Betting Corporation (hereinafter OTB), plaintiff was allegedly injured as a result of an altercation with one of OTB's employees, defendant Peter McNally. On October 9, 1997, plaintiff erroneously filed a claim for damages in the Court of Claims against the Racing and Wagering Board (hereinafter RWB) in the belief that it controlled...

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