Opinion
March 6, 1995
Appeal from the Supreme Court, Orange County (Sherwood, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
We have previously held that "[b]y its clear terms, Racing, Pari-Mutuel Wagering and Breeding Law § 514 applies to all actions for damages brought against a regional off-track betting corporation" (Broadmeadow Lanes v. Catskill Regional Off-Track Betting Corp., 151 A.D.2d 631). Here, a review of the complaint reveals that the theory and gravamen of the action is that the defendant breached a written lease provision, thereby entitling the plaintiff to the recovery of damages. Accordingly, the notice of claim requirement in Racing, Pari-Mutuel Wagering and Breeding Law § 514 is applicable and the plaintiff's failure to comply with this requirement mandates dismissal of the action (see, Racing, Pari-Mutuel Wagering and Breeding Law § 514). Balletta, J.P., O'Brien, Thompson and Ritter, JJ., concur.