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Cohen v. Iuzzini

46 Misc. 2d 855 Court Supreme Court, Appellate Term, Second Department, Decision date 1965-06-23 English

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p. 855
Irving Cohen, Respondent, v. Joseph Iuzzini, Appellant.
Supreme Court, Appellate Term, Second Department,
June 23, 1965.
Allan Kasmin for appellant. Caputo & Levine (Michael Caputo of counsel), for respondent.

The agreement alleged to have been made between the parties outside the confines of a racetrack, whereby plaintiff was to receive a stated share of the prospective winnings of a wager to be made by him on defendant’s behalf at the said racetrack, is void and unenforcible. (Penal Law, §§ 991, 992; 6 Williston, Contracts [Rev. ed], § 1681; People v. Hebert, 203 Misc. 173 ; Holberg v. Westchester Racing Assn., 184 Misc. 581 ; Lundstrom v. De Santos, 205 Misc. 260 ; Sturm v. Truby, 245 App. Div. 357 .)

The order should be unanimously reversed, with $10 costs to defendant, and motion by defendant for summary judgment granted.

Concur — Martuscello, Hogan and Ritchie, JJ.

Order reversed, etc.

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