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Mrijaj v. Genting NY LLC

Gaming Commission Appropriately Issued 'Bulletin No. 22' to Casino Manager

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In accordance with CPLR 2219(a), the decision herein is made upon consideration of all of the papers filed by the parties in NYSCEF in support of and in opposition to the motion of plaintiff PREN MRIJAJ (“Plaintiff”) (Mot. Seq. 2) seeking an order, pursuant to CPLR 901 and 902, certifying a class action, and the cross-motion of defendant GENTING NEW YORK LLC. D/B/A RESORTS WORLD CASINO NEW YORK CITY (“Defendant”) seeking an order, pursuant to CPLR 3211(a)(7), dismissing the complaint and proposed class action as against Plaintiff as the complaint individually and on behalf of the proposed class is deficient and fails to state a viable legal claim. Of note, as part of oral argument held on May 31, 2023, the parties were granted time to submit additional papers, which the parties declined to do, and Motion Sequence 3 was withdrawn. Background The Memorandum of Understanding The State of New York owns the raceway located at 110-00 Rockaway Boulevard, Queens County (the “Aqueduct Racetrack” or the “Premises”). Defendant is licensed to manage the video casino (the “Video Casino”) at the Aqueduct Racetrack pursuant to a Memorandum of Understanding (the “MOU”), dated September 13, 2010, between Defendant and the State of New York. In the MOU, Defendant agreed to act as the State of New York’s video lottery gaming agent (“VLG Agent”). Notably, Article 1, paragraph 1.1 of the MOU provides that the Video Casino “shall be developed and operated in accordance with this MOU, the Division of the Lottery’s regulations, bulletins and instructions and all applicable laws.” Furthermore, paragraph 1.2 of the MOU provides that the State of New York retains ownership of all property and improvements. Under the MOU, Defendant must operate the Video Casino in accordance with the applicable laws and the Division of the Lottery’s regulations. MOU

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