Epps v. Yonkers Raceway, Inc.

In an action by plaintiff, the purchaser of a winning pari-mutuel ticket on the “twin daily double” at defendant’s race track, to recover damages from defendant by reason of its payment on such ticket to the person who presented it, the defendant appeals from so much of an order of the Supreme Court, *799Queens County, dated January 27, 1964, as denied its motion, made pursuant to statute (CPLR 3211, subd. [a], par. 7), to dismiss the first cause of action in the complaint for failure to state a cause of action. Order, insofar as appealed from, reversed, with $10 costs and disbursements;…