New York Court of Appeals
Howard Jacobson, Appellant-Respondent v. New York Racing Association, Inc.
November 21, 197333 N.Y.2d 144
Summary
The New York Court of Appeals affirmed the lower courts' denial of the motion to dismiss and held that the plaintiff's damages action may proceed, rejecting the conversion of the case to a CPLR article 78 proceeding and finding no basis for dismissal under CPLR 3211. The court declined to decide the state‑action question, noting the doctrine remains viable.