Majority
p. 973Saratoga Harness Racing Association, Inc., Appellant-Respondent, v. Agriculture and New York State Horse Breeding Development Fund, Respondent-Appellant.
Decision dated December 30, 1966 [ 27 A D 2d 631 ], amended, and order entered January 25, 1967, resettled to provide as follows: “ Judgment modified, on the law and the facts, so as to direct summary judgment in favor of respondent-appellant for $45,222.89, with interest at the legal rate from February 1, 1966, and as so modified, affirmed, with costs.” Gibson, P. J., Herlihy, Reynolds and Aulisi, JJ., concur.