Legal Opinion

Yonkers Racing Corp. v. State

New York Supreme Court

Decided February 1, 2000Published

1Opinion of the Court

OPINION OF THE COURT

Joan B. Lefkowitz, J.

Plaintiff sues for declaratory relief that section 318 (4) of the Racing, Pari-Mutuel Wagering and Breeding Law is unconstitutional. Seven causes of action are asserted in the complaint and four theories are advanced against the legislation. Plaintiff moves for summary judgment and defendant purports to cross-move for judgment dismissing the complaint but has failed to submit a notice of cross motion (CPLR 2215). The parties are in accord, however, that no triable issues of fact exist.

Prior to an amendment in 1988, section 318 (4) of the Racing,…

2Cases cited13 opinions

  1. Complete Auto Transit, Inc. v. BradySupreme Court of the United States · 1977
  2. Oregon Waste Systems, Inc. v. Department of Environmental Quality of Ore.Supreme Court of the United States · 1994
  3. Camps Newfound/Owatonna, Inc. v. Town of HarrisonSupreme Court of the United States · 1997
  4. Armco Inc. v. HardestySupreme Court of the United States · 1984
  5. Chemical Waste Management, Inc. v. HuntSupreme Court of the United States · 1992

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