New York Court of Appeals

In the Matter of Roosevelt Raceway, Inc. v. George P. Monaghan, as Commissioner of Harness Racing

March 23, 19619 N.Y.2d 293

Summary

The New York Court of Appeals reversed the Appellate Division and dismissed Roosevelt Raceway's petition, holding that the 1959 amendment to the Pari-Mutuel Revenue Law validly eliminates reimbursement for Federal income taxes and applies prospectively, and that the amendment is constitutional. The court also held that the 1956 statute's language was clear and did not create a contract protected from impairment. Separate dissenting opinions argued that the amendment unlawfully impairs a contractual right and should not preclude tax reimbursement.