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

Appellate Terms of the Supreme Court of New York·Decided June 23, 1965·Published·Cited by 1 cases

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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

46 Misc. 2d 855 (Cohen v. Iuzzini) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related