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RINCON v. FINGER LAKES RACING ASSOCIATION, INC.

11 A.D.3d 950 (2004)

782 N.Y.S.2d 229

RUDOLPH RINCON, Respondent, v. FINGER LAKES RACING ASSOCIATION, INC., Defendant, and DELAWARE NORTH CORPORATION, Appellant.

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

October 1, 2004.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum:

We reject the contention of defendant Delaware North Corporation (Delaware North) that Supreme Court erred in denying that part of defendants' motion for summary judgment dismissing the complaint against Delaware North. Delaware North contends that defendants established as a matter of law that Delaware North did not employ the individual...

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