Legal Opinion

Horn v. Toback

Appellate Terms of the Supreme Court of New York

Decided April 16, 2014PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

Ordered that the order is modified by providing that the branches of defendant’s motion seeking summary judgment dismissing plaintiffs second, third and fourth causes of action are granted; as so modified, the order is affirmed, without costs.

*44Plaintiff was employed by the New York Racing Association (NYRA) as a pari-mutuel clerk at Belmont Park Raceway. In that capacity, she accepted and collected payment for wagers from customers on behalf of the NYRA, and paid out winnings to customers. On July 25, 2011, plaintiff counted the money in her drawer at the…

2Cases cited19 opinions

  1. New York University v. Continental InsuranceNew York Court of Appeals · 1995
  2. Walker v. SheldonNew York Court of Appeals · 1961
  3. Rocanova v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1994
  4. Independence Discount Corp. v. BressnerAppellate Division of the Supreme Court of the State of New York · 1975
  5. Hamlet at Willow Creek Development Co. v. Northeast Land Development Corp.Appellate Division of the Supreme Court of the State of New York · 2009

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3Cited by4 opinions

  1. Grgurev v. LiculDistrict Court, S.D. New York · 2017
  2. Martiny v. Introcaso-AllisonDistrict Court, S.D. New York · 2019
  3. Meisels v. BernsteinAppellate Division of the Supreme Court of the State of New York · 2025
  4. Steele v. Mutual of Omaha Insurance CompanyDistrict Court, D. Nebraska · 2025

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