State court rejects NYRA appeal in NYC-OTB suit

[Kasept]

Court Refuses NYRA Appeal in OTB Case
By Tom Precious

http://www.bloodhorse.com/horse-raci...al-in-otb-case

The New York Court of Appeals rejected an appeal motion by NYRA in a case brought in 2004 against the New York City Off-Track Betting Corp. A lower appellate court had found NYRA did not timely file its legal action against NYCOTB within a 90-day period of its claims that the OTB had breached a simulcasting contract.

At issue is a contract that dates back to 1996 involving annual payments from NYCOTB to NYRA for its simulcasting signals. Under the terms of the original deal, NYCOTB pays NYRA $675,000 a month for the signal. When the contract expired in 2002, a clause was to have kicked in permitting the terms to continue, but with NYCOTB paying an increased fee -- 7.75% on a base of $9 million beyond the $675,000 monthly level.

[pointman]

Looks to be a major screwup by NYRA attorneys. Usually, you can get around the 90 days if filed within a reasonable time thereafter (this is just a simple notice to sue with general allegations called a Notice of Claim). The statute of limitations to actually file the lawsuit then is 1 year and 90 days if a timely Notice of Claim is filed. However, the NY Courts usually will not allow a late Notice of Claim to be filed if it is a long period of time beyond the 90 days, such as what appears to be over a year later and which may have been beyond the statute of limitations itself. One would think with the financial problems that NYRA has faced they would be on top of such things.

[viscount26]

Nick,
Maybe NYRA should hire you

[sumitas]

Originally Posted by pointman

Looks to be a major screwup by NYRA attorneys. Usually, you can get around the 90 days if filed within a reasonable time thereafter (this is just a simple notice to sue with general allegations called a Notice of Claim). The statute of limitations to actually file the lawsuit then is 1 year and 90 days if a timely Notice of Claim is filed. However, the NY Courts usually will not allow a late Notice of Claim to be filed if it is a long period of time beyond the 90 days, such as what appears to be over a year later and which may have been beyond the statute of limitations itself. One would think with the financial problems that NYRA has faced they would be on top of such things.

huh ?