Legal Opinion · Concurring in part, dissenting in part
Jacobson v. New York Racing Ass'n
Appellate Division of the Supreme Court of the State of New York
Decided March 5, 1973Published
1Concurring in part, dissenting in partBenjamin, J.
In my opinion neither the rule of Madden v. Queens County Jockey Club (296 N. Y. 249) nor conversion of this action into a special proceeding bars recovery of damages in this case.
The appellant was organized as a ‘ ‘ non-profit racing assocition ” pursuant to section 1 of chapter 812 of the Laws of 1955. Subdivision 3 of that section gives the appellant “ all the general powers of corporations created under the laws of the state, including the powers and obligations of stock corporations One of these obligations is amenability .. to suit (Business Corporation Law, § 202, subd. [a], par. ‘[2];…
2Cases cited5 opinions
- Madden v. Queens County Jockey Club, Inc.New York Court of Appeals · 1947
- Lockwood v. Village of Buchanan, New York County Courts1959
- Duren v. City of BinghamtonNew York Court of Appeals · 1940
- Duren v. City of BinghamtonAppellate Division of the Supreme Court of the State of New York · 1940
- Duren v. City of BinghamtonNew York Supreme Court · 1939