Civil Procedure · MBE-tested
Edward C. St. Clair, Individually and on Behalf of the People of the State of New York as a Citizen and Taxpayer Thereof, Appellant, v. Yonkers Raceway, Inc., et al., Respondents, et al., Defendants
17 A.D.2d 899·New York Supreme Court, Appellate Division·1962·NY
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Opinion
Edward C. St. Clair, Individually and on Behalf of the People of the State of New York as a Citizen and Taxpayer Thereof, Appellant, v. Yonkers Raceway, Inc., et al., Respondents, et al., Defendants.
[MAJORITY]
Judgment Judgment unanimously affirmed, without costs of this appeal to any party. (Appeal by plaintiff from judgment of Erie Special Term dismissing the complaint on the ground that the plaintiff has not the legal capacity to sue.) Present—Williams, P. J., Goldman, Halpern, McClusky and Henry, JJ.