The Supreme Court for the State of New York (New York County) on Thursday entered a summary judgment related to a lawsuit originally filed in 2022 that involves disputes dating to 2017 between performance-figure provider Thoro-Graph, Inc., and the New York Racing Association (NYRA).On Apr. 9, 2026, the judge in the case, Lyle Frank, wrote that, “plaintiff Thoro-Graph, Inc., is entitled to summary judgment on liability for their first cause of action as against defendant NYRA, with damages and an award of reasonable attorneys' fees to be determined at trial or other such resolution of this matter.”Thoro-Graph had sued both NYRA and its advance deposit wagering (ADW) platform, NYRA Bets, over the alleged non-payment of at least $333,000 that Thoro-Graph believed was its rightful cut for incentivizing horseplayers to become NYRA Bets customers via a free, membership-based portal called Thoro-Graph Player Services (TGPS).Thoro-Graph claimed in its complaint that its portal grew NYRA's betting handle by $100 million over a roughly five-year span, “solely through the joint venture resulting in $3 million in revenue” for NYRA.When the alignment between the two entities was first announced in 2017, the deal was billed as giving Thoro-Graph an exclusive ADW partner, while NYRA Bets got a valuable pipeline of new customers.Horseplayers would benefit too, a TGPS executive explained at the time, because they would get access to “concierge-level support,” volume-based wagering rebates, on-track visitation amenities, and discounts on Thoro-Graph handicapping products.But according to the lawsuit, “Defendant NYRA failed to perform its part of the bargain [by not paying] Plaintiff its full 50% share of its Net Revenue,” Thoro-Graph stated in its Dec. 19, 2022, filing.The judge on Thursday also entered orders on other aspects of the case, including 1) Granting a dismissal of the legal action related to NYRA Bets; 2) Denying NYRA's motion to dismiss the entire complaint; 3)Dismissing a counterclaim made by NYRA that alleged breach of contract.The order summed up the lawsuit:“In 2017, Plaintiff and Defendants entered into a marketing affiliate agreement [that was] followed by a successor marketing affiliate agreement, with the purpose of both agreements being to direct Plaintiff's customers to place bets on races run by NYRA.“New York residents among Plaintiff's customers would have their wagers run directly through NYRA, and wagers by out-of-state residents would be processed through NYRA Bets. Both agreements contained a confidentiality clause regarding the terms of said agreements, as well as a merger clause.“Under other relevant provisions, Plaintiff was to receive half of all Net Revenue, a term that was defined as the gross revenue generated from Qualifying Wagers minus the sum of host track fees and other specified fees.“This action largely arises from a dispute between the parties over the characterization of monies consisting of a 6.5% fee that NYRA Bets pays to NYRA in exchange for permission for the out-of-state NYRA Bets customers to place bets on races run by NYRA. Plaintiff argues that the Disputed Funds are Net Revenue and thus they are entitled to half, and Defendants argue that these monies are in fact host fees and therefore not Net Revenue.“In June of 2022, Jerry Brown, Plaintiff's president, issued a letter demand for half of the Disputed Funds. This request was denied, and Plaintiff continued to pursue an attempt to collect on the Disputed Funds. At one point, NYRA raised the idea of termination of the parties' joint venture in response.“In December of 2022, NYRA followed through with this and issued a notice of termination for convenience, and the termination became effective in June of 2023. By the terms of the Agreements, any provision that contemplates performance continues in full force after termination, which would include payment and confidentiality obligations,” the order stated.In arriving at the decision, the judge underscored that the disputed contractual definitions of revenue “are not ambiguous.” The ruling further noted that, “Because here the Disputed Funds is a percentage of the wagers placed on NYRA bets, it is therefore part of the 'total amount of money wagered on a single race.'”The order continued: “When a qualifying player outside New York State places a qualifying wager on a NYRA race, NYRA Bets then pays a percentage of that wager to NYRA. Therefore, the Disputed Funds are part of the total amount of money wagered on a NYRA race (Handle), are not Host Fees or Takeout as defined in the 2022 Agreement, and should be included in the formula determining Net Revenue.”Jerry Brown issued a statement via email, which read, “First of all, I'm not surprised at the decision. The contract we had was clear on its face, which is why the judge was able to decide for us on Summary Judgement, without a trial, in just a week after oral arguments. But aside from my role at Thoro-Graph, I'm also a New York taxpayer, and as such I'm outraged by NYRA's behavior.“I offered Dave O'Rourke the chance to settle for less than NYRA owed us back in August of 2022, and instead of accepting, he threatened to terminate the joint venture, which wasn't just profitable for Thoro-Graph, but was making NYRA and the New York horsemen combined over a million dollars a year. And later that year, after I told them they were leaving me no choice but to pursue my legal options, they did end that joint venture, and I was forced to sue them. So instead of just paying what the contract clearly called for, it will now cost NYRA and New York taxpayers much more in Thoro-Graph's damages, legal fees and interest, plus the revenue they lost by ending the deal–while over the same time period they have been heavily subsidized by those same New York taxpayers, and have borrowed several hundred million dollars from the state.”At the time of publication of this story, NYRA had not responded to a request for comment.The post NY Supreme Court Orders Summary Judgment in Dispute Between Thoro-Graph and NYRA appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.