Watts v. Malatesta

Plaintiff sues defendants John B. Malatesta and J. B. Malatesta, Inc., to recover moneys lost as wagers upon horse races and relies for success upon the provisions of section 994 of the Penal Law. To show the extent of his losses plaintiff produced at trial the original checks drawn by him to the order of defendant Malatesta, which, it is clear, were received and cashed by, or in the interest of, that defendant. Defendant Malatesta pleads a counterclaim for moneys lost by him as wagers upon horse races, and paid over to plaintiff. The trial court (a jury having been waived) found in favor of…