Legal Opinion

Prosperity Partners, Inc. v. Bonilla

District Court, E.D. New York

Decided June 24, 2005No. CV04-1362(SJF)(ETB)Published

1Opinion of the Court

MEMORANDUM OPINION and ORDER

BOYLE, United States Magistrate Judge.

This is a diversity action for breach of contract. The defendant is a person who won $5,000,000.00 in 2002 in the New York Lottery. The plaintiff is a Florida corporation which purchases, at a discount, a lottery winner’s lifetime rights to the lottery proceeds.

The defendant maintains that New York Law, which by contract or otherwise, is controlling here, requires the approval of a Justice of the New York State Supreme Court “before any agreement to sell lottery winnings is enforceable.... ” (Defendants Rule 56.1 Statement).…

2Cases cited8 opinions

  1. Oppenheimer & Co. v. Oppenheim, Appel, Dixon & Co.New York Court of Appeals · 1995
  2. 67 Wall Street Co. v. Franklin National BankNew York Court of Appeals · 1975
  3. Argo Corp. v. Greater New York Mutual InsuranceNew York Court of Appeals · 2005
  4. Wolf v. BrachAppellate Division of the Supreme Court of the State of New York · 1997
  5. Bank of New York v. Cheng Yu Corp.Appellate Division of the Supreme Court of the State of New York · 1979

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