Legal Opinion

Harris v. Economic Opportunity Commission of Nassau County, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided October 28, 1991PublishedCited by 12 opinions

1Opinion of the Court

OPINION OF THE COURT

Miller, J.

The question before us on this appeal, while seemingly innocuous at first blush, severely impacts upon a fundraising practice widely utilized by charitable organizations. Simply stated, we are called upon to determine whether a charitable organization may interpose the defense of illegality to defeat the claim by the winner of a raffle who was denied his winning prize. For the reasons that follow, we are constrained to hold that such a raffle constitutes an illegal contract in violation of General Obligations Law § 5-417 and, hence, the defendant charitable…

2Cases cited20 opinions

  1. Danann Realty Corp. v. HarrisNew York Court of Appeals · 1959
  2. Stone v. FreemanNew York Court of Appeals · 1948
  3. F. A. Straus & Co. v. Canadian Pacific Railway Co.New York Court of Appeals · 1930
  4. Holberg v. Westchester Racing Ass'nNew York Supreme Court · 1945
  5. People v. Shafer, New York County Courts1936

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3Cited by12 opinions

  1. Steven Price, Bruce Laxer, Lance Kuba, and Jeffrey Fishman, on Behalf of Themselves and All Other Similarly Situated Persons v. Pinnacle Brands, Inc.Court of Appeals for the Fifth Circuit · 1998
  2. Jara v. Strong Steel Door, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
  3. Carruthers v. FlaumDistrict Court, S.D. New York · 2005
  4. Dalton v. PatakiAppellate Division of the Supreme Court of the State of New York · 2004
  5. Major League Baseball Properties, Inc. v. PriceDistrict Court, E.D. New York · 2000

7 more not listed; retrieve them via the Exa API.

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