Arone v. Sullivan County Harness Racing Ass'n

Casey, J. (dissenting).

The majority’s reliance upon defendant’s lack of a monopoly over harness racing in this State as the decisive factor in determining whether plaintiffs have causes of action under the principle first advanced in Jacobson v New York Racing Assn. (33 NY2d 144) is misplaced. Indeed, the court in Jacobson, while describing NYRA as having a “virtual monopoly over thoroughbred racing in the State of New York”, recognized that there existed in this State one thoroughbred track not owned by defendant NYRA at which plaintiff Jacobson could continue to ply his trade (Jacobson v…