Report: Judge throws out part of Thoro-Graph suit against NYRA

Part of Thoro-Graph’s lawsuit against the New York Racing Association was thrown out by a state Supreme Court judge in Manhattan, according to a report Friday.

According to BloodHorse legal expert Dick Downey, judge Lyle Frank still will consider whether Thoro-Graph is entitled to damages of at least $500,000 after its handicapping partnership with NYRA fell apart last year.

Thoro-Graph, which sells a proprietary handicapping tool, made a deal nearly six years ago to provide NYRA and its advanced-deposit wagering platform NYRA Bets with some of its data. Claiming NYRA breached its contract, Thoro-Graph went to court last December.

According to BloodHorse, Frank referred to a contract provision that allowed either Thoro-Graph or NYRA to break off the partnership with six months’ notice. “Therefore, (Thoro-Graph) cannot bring a cause of action for breach of the implied covenant of good faith and fair dealing,” he wrote Friday.

Still to be considered is whether the breakup still entitles Thoro-Graph to get more than $333,000 in actual damages, a 50 percent share of profits from the partnership and legal costs to bring this case.