Fertel v. Roosevelt Raceway, Inc.

OPINION OF THE COURT

David T. Gibbons, J.

Motion by the defendants, Attorney-General of the State of New York (hereafter referred to as Attorney-General), and the New York State Racing and Wagering Board (hereafter referred to as Racing and Wagering Board), for an order dismissing the complaint herein as to them upon the grounds: (1) that they are improperly joined as defendants in this action, (2) that the complaint fails to state a cause of action as to them, and (3) that, as to the defendant, Racing and Wagering Board, the relief cannot be granted in an ordinary civil action and the…