Legal Opinion

New York City Off-Track Betting Corp. v. Safe Factory Outlet, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided February 21, 2006PublishedCited by 25 opinions

1Opinion of the Court

OPINION OF THE COURT

Sweeny, J.

In this contract action, the issues on appeal are whether denial of plaintiffs motion for summary judgment was proper upon findings that the contract language was ambiguous and that a question of fact existed as to whether plaintiff unreasonably delayed in rejecting the goods in question. For the following reasons, we hold that the motion court erred and therefore reverse.

Plaintiff New York City Off-Track Betting Corp. (OTB) is a public benefit corporation that accepts pari-mutuel bets on horse races at its branches throughout New York City. The branches maintain…

2Cases cited5 opinions

  1. Ruttenberg v. Davidge Data Systems Corp.Appellate Division of the Supreme Court of the State of New York · 1995
  2. 150 Broadway N.Y. Associates, L.P. v. BodnerAppellate Division of the Supreme Court of the State of New York · 2004
  3. Tabor v. LoganAppellate Division of the Supreme Court of the State of New York · 1985
  4. Feldman v. National Westminster Bank, N.A.Appellate Division of the Supreme Court of the State of New York · 2003
  5. Tobron Office Furniture Corp. v. King World Productions, Inc.Appellate Division of the Supreme Court of the State of New York · 1990

3Cited by25 opinions

  1. AEP Energy Services Gas Holding Co. v. Bank of America, N.A.Court of Appeals for the Second Circuit · 2010
  2. Riverside South Planning Corp. v. CRP/Extell RiversideAppellate Division of the Supreme Court of the State of New York · 2008
  3. Innophos, Inc. v. Rhodia, S.A.Appellate Division of the Supreme Court of the State of New York · 2007
  4. Geothermal Energy Corp. v. Caithness Corp.Appellate Division of the Supreme Court of the State of New York · 2006
  5. Russo v. Estée Lauder Corp.District Court, E.D. New York · 2012

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