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SARATOGA RACING v. N. Y. S. HORSE FUND

51 Misc.2d 591 (1966)

Saratoga Harness Racing Association, Inc., Plaintiff, v. Agriculture and New York State Horse Breeding Development Fund, Defendant.

Supreme Court, Special Term, Albany County.

September 10, 1966

Attorney(s) appearing for the Case

Dillon & Olson for plaintiff. Louis J. Lefkowitz, Attorney-General (Edward Siegfried of counsel), for defendant.

MICHAEL E. SWEENEY, J.

This is a motion brought by the plaintiff pursuant to CPLR 3212 for summary judgment. The defendant cross-moves to dismiss the complaint and for summary judgment on its counterclaim. The action arises out of the breakage retained by plaintiff during its 1965 racing season.

Chapter 567 of the Laws of 1965 amended the Pari-Mutuel Revenue Law (L. 1940, ch. 254) by adding a new article III, entitled "Agriculture and New York...

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