Zoll v. Nassau Regional Off-Track Betting Corp.

Appellate Division of the Supreme Court of New York

Zoll v. Nassau Regional Off-Track Betting Corp.

259 A.D.2d 696, 685 N.Y.S.2d 627, 1999 N.Y. App. Div. LEXIS 2704

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 22, 1999

StatusPublished

This text of 259 A.D.2d 696 (Zoll v. Nassau Regional Off-Track Betting Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Zoll v. Nassau Regional Off-Track Betting Corp., 259 A.D.2d 696, 685 N.Y.S.2d 627, 1999 N.Y. App. Div. LEXIS 2704 (N.Y. Ct. App. 1999).

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Opinion

In a proposed class action to recover damages for alleged breach of contract, the plaintiff Frank Zoll appeals from a judgment of the Supreme Court, Nassau County (Phelan, J.), entered March 30, 1998, which, upon the granting of the defendant’s motion pursuant to CPLR 3211 to dismiss the complaint, dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

The court did not err in determining that the plaintiff’s claim was barred by his failure to serve upon the defendant a timely and proper notice of claim pursuant to Racing, Pari-Mutuel Wagering and Breeding Law § 514 (1), (2), and (5) (see, Zoll v Suffolk Regional Off-Track Betting Corp., 259 AD2d 696 [decided herewith]; Parochial Bus Sys. v Board of Educ., 60 NY2d 539; Matter of Cardia-Zalaman v Board of Educ., 233 AD2d 391; G.A. Contrs. v Board of Educ., 176 AD2d 856). Bracken, J. P., Sullivan, Altman and McGinity, JJ., concur.

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In a proposed class action to recover damages for alleged breach of contract, the plaintiff Frank Zoll appeals from a judgment of the Supreme Court, Nassau County (Phelan, J.), entered March 30, 1998, which, upon the granting of the defendant’s motion pursuant to CPLR 3211 to dismiss the complaint, dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

The court did not err in determining that the plaintiff’s claim was barred by his failure to serve upon the defendant a timely and proper notice of claim pursuant to Racing, Pari-Mutuel Wagering and Breeding Law § 514 (1), (2), and (5) (see, Zoll v Suffolk Regional Off-Track Betting Corp., 259 AD2d 696 [decided herewith]; Parochial Bus Sys. v Board of Educ., 60 NY2d 539; Matter of Cardia-Zalaman v Board of Educ., 233 AD2d 391; G.A. Contrs. v Board of Educ., 176 AD2d 856). Bracken, J. P., Sullivan, Altman and McGinity, JJ., concur.

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Bluebook (online)

259 A.D.2d 696, 685 N.Y.S.2d 627, 1999 N.Y. App. Div. LEXIS 2704, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zoll-v-nassau-regional-off-track-betting-corp-nyappdiv-1999.

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