Legal Opinion

Discenza v. New York Racing Ass'n

Civil Court of the City of New York

Decided November 6, 1986PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Pasquale Bifulco, J.

The defendant has made a motion for summary judgment upon the ground that the complaint fails to state a cause of *4action. In this action, plaintiff seeks to recover on two daily double pari-mutuel tickets he allegedly purchased on the eighth and ninth races at Aqueduct Race Track on May 4, 1986. The defendant, the New York Racing Association, Inc. (hereinafter NYRA) allegedly experienced an unprecedented massive computer failure at Aqueduct shortly before the ninth race (of the day) was scheduled to begin. The computer failure allegedly rendered NYRA’s…

2Cases cited15 opinions

  1. Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
  2. Mallad Construction Corp. v. County Federal Savings & Loan Ass'nNew York Court of Appeals · 1973
  3. Matter of Marburg v. ColeNew York Court of Appeals · 1941
  4. Roche v. Hearst Corp.New York Court of Appeals · 1981
  5. Finlay v. Eastern Racing Ass'nMassachusetts Supreme Judicial Court · 1941

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3Cited by5 opinions

  1. Albert White v. Turfway Park Racing Association, Inc.Court of Appeals for the Sixth Circuit · 1990
  2. White v. Turfway Park Racing Ass'n, Inc.District Court, E.D. Kentucky · 1989
  3. Cramer v. New York State Racing Ass'nAppellate Division of the Supreme Court of the State of New York · 1988
  4. Dunckley v. StateNew York Court of Claims · 1987
  5. Vaccaro v. JoyceNew York Supreme Court · 1991

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