Justy v. New York City Off-Track Betting

Full title: JOHN JUSTY, Appellant, v. NEW YORK CITY OFF-TRACK BETTING CORP. et al.…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 23, 1993

199 A.D.2d 190 (N.Y. App. Div. 1993)

605 N.Y.S.2d 289

Opinion

December 23, 1993

Appeal from the Supreme Court, New York County (Seymour Schwartz, J.).

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 plaintiff's 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 N.Y.2d 307, cert denied 464 U.S. 1018).

Concur — Wallach, J.P., Kupferman, Kassal and Nardelli, JJ.