Legal Opinion
Bastone v. Yonkers Racing Corp.
Appellate Terms of the Supreme Court of New York
Decided December 19, 1973PublishedCited by 3 opinions
1Opinion of the Court
*241.Memorandum. Order unanimously reversed, with $10 costs to defendant, and complaint dismissed.
In this case, plaintiff alleged that he ordered certain ‘ ‘ Superfecta ’ ’ pari-mutuel tickets from the defendant, received what he believed to be those tickets but which in fact were not, and did not become aware of the error until after the race was over. The complaint alleged causes of action in contract and in negligence. The complaint ¡herein fails to state a cause of action, .since the key element is missing, to wit, the purchase and presentation of a winning ticket (Holberg v. Westchester…
2Cases cited3 opinions
- Holberg v. Westchester Racing Ass'nNew York Supreme Court · 1945
- Carr v. StateNew York Court of Claims · 1961
- Mills v. Roosevelt Raceway, Inc.Appellate Terms of the Supreme Court of New York · 1970
3Cited by3 opinions
- Valois v. Gulfstream Park Racing Ass'nDistrict Court of Appeal of Florida · 1982
- Seder v. Arlington Park Race Track Corp.Appellate Court of Illinois · 1985
- Hochhalter v. Dakota Race ManagementNorth Dakota Supreme Court · 1994