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Bastone v. Yonkers Racing Corp.

Alphonso Bastone, Repondent v. Yonkers Racing Corp.

Bastone v. Yonkers Racing Corp., 79 Misc. 2d 240 (1973)
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Court
Appellate Terms of the Supreme Court of New York · State Appellate Courts
Decided
December 19, 1973
Citations
79 Misc. 2d 240360 N.Y.S.2d 1491973 N.Y. Misc. LEXIS 1276

Opinion of the Court

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*241 .Memorandum. Order unanimously reversed, with $10 costs to defendant, and complaint dismissed.

In this case, plaintiff alleged that he ordered certain ‘ ‘ Superfecta ’ ’ pari-mutuel tickets from the defendant, received what he believed to be those tickets but which in fact were not, and did not become aware of the error until after the race was over. The complaint alleged causes of action in contract and in negligence. The complaint ¡herein fails to state a cause of action, .since the key element is missing, to wit, the purchase and presentation of a winning ticket (Holberg v. Westchester Racing Assn., 184 Misc. 581 [App. Term, 1st Dept.]; Carr v. State of New York 30 Misc 2d 983 , affd. 15 A D 2d 709). Our present holding is not in conflict with our own case of Mills v. Roosevelt Raceway ( 66 Misc 2d 251 , affd. 37 A D 2d 1048), since in Mills , it was found by the jury that the plaintiff had indeed presented a winning ticket to the defendant and recovery was sustained because of defendant’s mishandling of the winning ticket.

Concur — Hogan, P. J., Glickman and McCullough, JJ.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1982: 11985: 11994: 119822026peak 1982 · 1

Relies on it most ⓘ

  1. Hochhalter v. Dakota Race Management524 N.W.2d 582 (N.D. 1994)
  2. Valois v. Gulfstream Park Racing Ass'n412 So. 2d 959 (Fla. Dist. Ct. App. 1982)
  3. Seder v. Arlington Park Race Track Corp.481 N.E.2d 9 (Ill. App. Ct. 1985)

Most recent

  1. Hochhalter v. Dakota Race Management524 N.W.2d 582 (N.D. 1994)
  2. Seder v. Arlington Park Race Track Corp.481 N.E.2d 9 (Ill. App. Ct. 1985)
  3. Valois v. Gulfstream Park Racing Ass'n412 So. 2d 959 (Fla. Dist. Ct. App. 1982)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Mills v. Roosevelt Raceway, Inc., 66 Misc. 2d 251 (1970) 5
Holberg v. Westchester Racing Ass'n, 184 Misc. 581 (N.Y. Sup. Ct. 1945) 26
Carr v. State, 30 Misc. 2d 983 (1961) 9

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