Rincon v. Finger Lakes Racing Ass'n

Appeal from an order of the Supreme Court, Ontario County (James R. Harvey, A.J.), entered July 9, 2003. The order, insofar as appealed from, denied that part of the motion of defendants for summary judgment dismissing the complaint against defendant Delaware North Corporation in a personal injury action.

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…