Cohen v. Iuzzini

Appellate Terms of the Supreme Court of New York

Cohen v. Iuzzini

46 Misc. 2d 855, 261 N.Y.S.2d 244, 1965 N.Y. Misc. LEXIS 1753

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 23, 1965

StatusPublished

Cited by1 cases

This text of 46 Misc. 2d 855 (Cohen v. Iuzzini) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cohen v. Iuzzini, 46 Misc. 2d 855, 261 N.Y.S.2d 244, 1965 N.Y. Misc. LEXIS 1753 (N.Y. Ct. App. 1965).

Pincite

Opinion

Per Curiam.

The agreement alleged to have been made between the parties outside the confines of a racetrack, whereby plaintiff was to receive a stated share of the prospective winnings of a wager to be made by him on defendant’s behalf at the said racetrack, is void and unenforcible. (Penal Law, §§ 991, 992; 6 Williston, Contracts [Rev. ed], § 1681; People v. Hebert, 203 Misc. 173; Holberg v. Westchester Racing Assn., 184 Misc. 581; Lundstrom v. De Santos, 205 Misc. 260; Sturm v. Truby, 245 App. Div. 357.)

The order should be unanimously reversed, with $10 costs to defendant, and motion by defendant for summary judgment granted.

Concur — Martuscello, Hogan and Ritchie, JJ.

Order reversed, etc.

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Per Curiam.

The agreement alleged to have been made between the parties outside the confines of a racetrack, whereby plaintiff was to receive a stated share of the prospective winnings of a wager to be made by him on defendant’s behalf at the said racetrack, is void and unenforcible. (Penal Law, §§ 991, 992; 6 Williston, Contracts [Rev. ed], § 1681; People v. Hebert, 203 Misc. 173; Holberg v. Westchester Racing Assn., 184 Misc. 581; Lundstrom v. De Santos, 205 Misc. 260; Sturm v. Truby, 245 App. Div. 357.)

The order should be unanimously reversed, with $10 costs to defendant, and motion by defendant for summary judgment granted.

Concur — Martuscello, Hogan and Ritchie, JJ.

Order reversed, etc.

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Bluebook (online)

46 Misc. 2d 855, 261 N.Y.S.2d 244, 1965 N.Y. Misc. LEXIS 1753, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cohen-v-iuzzini-nyappterm-1965.

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