Justy v. New York City Off-Track Betting Corp.

Appellate Division of the Supreme Court of New York

Justy v. New York City Off-Track Betting Corp.

199 A.D.2d 190, 605 N.Y.S.2d 289, 1993 N.Y. App. Div. LEXIS 12184, 63 Fair Empl. Prac. Cas. (BNA) 864

Appellate Division of the Supreme Court of the State of New York·Decided December 23, 1993·Published·Cited by 3 cases

Opinion

Order, Supreme Court, New York County (Seymour Schwartz, J.) entered October 22, 1992, which granted defendant’s motion for summary judgment dismissing the complaint for failure to serve a notice of claim, unanimously affirmed, without costs.

This action seeking damages for employment discrimination was properly dismissed for failure to serve a notice of claim in view of Racing, Pari-Mutuel Wagering and Breeding Law § 618 (1), which requires that a notice of claim be served on defendant in every action against it "for damages”. Moreover, were we to reach plaintiffs claim, raised for the first time on this appeal, that the action seeks to vindicate a public interest, we would find otherwise (see, Mills v County of Monroe, 59 [191]*191NY2d 307, cert denied 464 US 1018). Concur—Wallach, J. P., Kupferman, Kassal and Nardelli, JJ.

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Order, Supreme Court, New York County (Seymour Schwartz, J.) entered October 22, 1992, which granted defendant’s motion for summary judgment dismissing the complaint for failure to serve a notice of claim, unanimously affirmed, without costs.

This action seeking damages for employment discrimination was properly dismissed for failure to serve a notice of claim in view of Racing, Pari-Mutuel Wagering and Breeding Law § 618 (1), which requires that a notice of claim be served on defendant in every action against it "for damages”. Moreover, were we to reach plaintiffs claim, raised for the first time on this appeal, that the action seeks to vindicate a public interest, we would find otherwise (see, Mills v County of Monroe, 59 [191]*191NY2d 307, cert denied 464 US 1018). Concur—Wallach, J. P., Kupferman, Kassal and Nardelli, JJ.

Justy v. New York City Off-Track Betting Corp., 199 A.D.2d 190, 605 N.Y.S.2d 289, 1993 N.Y. App. Div. LEXIS 12184, 63 Fair Empl. Prac. Cas. (BNA) 864 (N.Y. Ct. App. 1993).

Pincite

199 A.D.2d 190 (Justy v. New York City Off-Track Betting Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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