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Decided on June 7, 2005
Supreme Court, Nassau County

4292/05
COUNSEL FOR PLAINTIFFS Law Offices of Kenneth M. Mollins, P.C. 425 Broad Hollow Rd., Suite 215 Melville, New York 11747 COUNSEL FOR DEFENDANTS Greenberg Traurig, LLP 200 Park Avenue - 29th Floor
New York, New York 10166
Manatt, Phelps & Phillips, LLP
7 Times Square
New York, New York 10031
Leonard B. Austin, J.
Defendants, Daily News, L.P. ("Daily News") and D.L. Blair ("Blair"), move for an order pursuant to CPLR 3211(a)(1) and (7) dismissing Plaintiffs' complaint.
BACKGROUND
Plaintiffs all claim to be winners of the Daily News "Scratch n' Match" game for the week of March 13 through 19, 2005. Plaintiffs Linda Greenwood, Rose Greenwood and Jerry Edwards each claim to be $100,000 winners. Plaintiff Umberto Comunale claims to have won not only the $100,000.00 prize but also the $10,000.00. Plaintiff Edith Horowitz claims to have won three
separate prizes $100,000.00, $10,000.00 and $5,000.00.[FN1] Plaintiff Maria Odery claims to have won the $10,000.00 prize as well as the $500.00 prize.
Scratch n' Match is a promotional game run by the Daily News. Its clear purpose is to promote greater newspaper circulation. A new game card is used each week. The weekly game card contains eight (8) individual games two (2) for Sunday and one for every other day of the week. Each game contains fifteen boxes numbered 1 through 15. The Daily News publishes ten (10) numbers each day. Participants rub off the daily numbers published in the Daily News from the game card for that day. If the cash
amount under any three of the ten published numbers are identical, the participant wins that amount. Winning is subject to verification and validation.
Pursuant to the published rules of the contest which were printed on the reverse side of the game card, the following prizes were to be awarded on a weekly basis:

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