New York Racing Ass'n v. New York City Off-Track Betting Corp.

Judgment, Supreme Court, New York County (Bernard J. Fried, J.), entered February 14, 2007, dismissing the complaint, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered January 26, 2007, which denied plaintiffs motion for summary judgment and granted defendant’s cross motion to dismiss the complaint for failure to timely serve a notice of claim, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

Plaintiffs failure to serve a notice of claim within 90 days after defendant’s alleged breach of the parties’ memorandum of…