NYRA Ordered to Pay Damages to Thoro-Graph

A long-running court battle between Thoro-Graph, the New York Racing Association, and NYRA Bets reached a partial resolution, mostly in favor of Thoro-Graph. Summary judgment was granted by New York County Judge Lyle E. Frank to Thoro-Graph on a claim it asserted against NYRA for payment of disputed fees running into six figures, generated when Thoro-Graph customers bet on certain NYRA races under the terms of marketing affiliate agreements entered in 2017 and 2022. The judgment includes attorney fees. Frank granted summary judgment in favor of NYRA Bets on a similar claim. A claim brought by Thoro-Graph against NYRA and NYRA Bets for breach of an implied covenant of good faith and fair dealing after NYRA issued a notice of termination of their business relationship was dismissed in 2023 and affirmed on appeal, according to Frank's decision. Frank also dismissed a claim against Thoro-Graph that arose when its president Jerry Brown discussed confidential terms of the parties' business agreement in a letter to BloodHorse. Brown's letter was responsive to BloodHorse reporting about those very terms. However, Frank ruled the information lost its confidentiality when NYRA and NYRA Bets failed to seal copies of the confidential information in a court filing that led to BloodHorse's reporting. Damages and attorney fees owed to Thoro-Graph will be "determined at trial or such other resolution of this matter," according to Frank's order, which was signed April 3 and entered April 9. The lawsuit originated in December 2022.