Molinas v. Podoloff

133 N.Y.S.2d 743 (1954)

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Molinas v. Podoloff

New York Supreme Court
133 N.Y.S.2d 743 (1954)

Facts

Jack Molinas (plaintiff) was a professional basketball player for the Fort Wayne Zollner Pistons (the Pistons) in the National Basketball Association (NBA). Molinas had signed a standard NBA player contract with the Pistons. In response to previous scandals involving bribery, point fixing, and wagering, the standard player contract provided that any player who wagered on the outcome of any NBA game would be expelled from the NBA after due notice and a hearing. In January 1954, during a Fort Wayne Police Department inquiry into the Pistons, Molinas voluntarily signed a statement admitting that he had wagered on the outcome of games involving the Pistons. When NBA President Maurice Podoloff (defendant) learned of Molinas’s statement, Podoloff indefinitely suspended Molinas from playing in the NBA. Molinas sued Podoloff in New York state court, seeking a permanent injunction to set aside his suspension and reinstate his rights as a player member of the NBA. Molinas asserted that (1) he had not been given the required notice and a hearing before his suspension, and (2) Podoloff did not have the authority to indefinitely suspend Molinas. In addition to equitable relief, Molinas sought damages equaling the amount of his salary between the time of his suspension and the time of the hearing.

Rule of Law

Issue

Holding and Reasoning (Joseph, J.)

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