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i , i 1 » I , , j ] | 1 WTLL BRING RESUMPTION OF RACING. J Empire City Track Will Be Back in Metropolitan Circuit Next Season as Result of Court Decision. i New York. December 5. — The decision of Justice Morscliauscr. just rendered al White Plains, annul- , ling the National Fair and ExlHisition Associations , lease of the Empire City race track, is expected to result in the resumption of racing at that track next . summer under the allspices of the Empire City Racing Association, to Which organization possessioa of tlic property now reverts. The contention of Janus Butler and his associates on which the lease was broken, was that the lessees | bad not held a fair for thirty days each year, as | was provided in the lease, and tliat the herding jf ! war horses on the property was in direct violation j of the terms of the contract. Judge John F. I.rennau, who appeared for Mr. Batter, claimed that a real Greater New York Fair, as advertised, was never held by the National Fair J and ExiHisitiou Association, and in directing the verdict Justice Morschauser found the following facts: "First, that the holding of a fair in 1913 advertised from August 2 to August 30. but held from August 4 to 10. inclusive, was not a compliance witu ■ the agreement of defendant in the lease to hold fit its own expense the Greater New York Fair and Exposition, an agricultural, live stock and amuse-m«iit enterprise, said fair and exposition to be held each year during the ■oath of August, but if occasion demands may start with the third week in July aud continue through the second week of September, the intention being to run thirty day;, more or less. "Second, that the holding of a fair in 1914 from September 17 to September 25 was not a compliance with the agreement Of the defendant in the lease to hold at its own exacaae the renter New York Fair and Exposition, an agricultural, live stock and amusement enterprise, said fair and exposition to he held each year during the month of August, but if occasion demands may start with the third week in July and continue through the second week of September, the intention being to ruu thirty days, more or less. "Third, that the holding of a fair in 1915, advertised from August 31 to September C. but really held from August ."1 to September ;t and on September ti. was not in character or time a compliance with the agreement of the defendant in the lease to hold at its own expense the Greater New York Fair and Exposition, an agricultural, live stock and amusement enterprise, said fair and exposition to l e held each year during the month of August, but if occasion demands may start with the third week in July and continue through the second week of September, the intention being to ruu thirty days, more or less. "Fourth, that the herding of war horses to the extent of twenty-seven or twenty-nine thousand and upward at the "rounds of the plaintiff described in the lease by the defendant, the National Fair and Exposition" Association. Inc.. between March li. 1915. and August 14. IMS, until after a motion made by plaintiff and argued at a special term of the Supreme court on July 31 last for an injunction restraining such use. was without approval of plaintiff and was a violation of the terms and covenants of the lease. "Fifth. 1 direct that you find upon each and all of said grounds a verdict in favor of the plaintiff and against the defendant for the premises claimel in the complaint in fee." Attorney Davis announced after the verdict that he would carry an appeal to the Appellate Division on behalf of the National Fair and Exposition Association. Judge Brennan epp sed granting a stay to the National Association pending the appeal, as he said it would tie up property worth 50,000. Argument on this motion will be h.-ld next Wednesday.
