Jacobson v. New York Racing Ass'n

Defendants have moved pursuant to OPLR 3211 (subd. [a]) to dismiss this action on the ground that plaintiff fails to state a cause of action and on the further *992ground that there is another action pending between the same parties for the same cause of action in the United States District Court for the Southern District of New York (Karlinsky, Jacobson, et al. v. NYRA, Dreyfus, et al., Civ. Action No. 69-4082). In regard to the latter contention, the complaint asserts that NYBA’s refusal of stall space to plaintiff was based on its disapproval of his moral character and his organizing…