Judge Tosses Civil Suit Filed Against Zayat

Civil suit aimed to collect gambling debts plaintiff said Zayat owed him.

A judge threw out a lawsuit over $1.65 million in gambling debts against the owner of racehorse American Pharoah  Thursday, clearing the issue days before the horse attempts to claim the first Triple Crown in 37 years.

A federal judge ruled the lawsuit against Ahmed Zayat was filed after a six-year statute of limitations had expired in New Jersey.

''Justice always prevails,'' Zayat said in a phone interview with The Associated Press. ''I have said before these are all lies from A to Z. And the judge ruled in our favor. Could not have happened at a better time.''

In horse racing's biggest week, Zayat's horse is chasing first Triple Crown since Affirmed in 1978 when he races in the Belmont Stakes presented by DraftKings on Saturday.

Florida resident Howard Rubinsky sued Zayat last year, claiming Zayat owed him $1.65 million he had advanced him for gambling bets placed at offshore casinos.

"The Zayats are very grateful for the court's decision, which vindicates them and reinforces everything they have been saying," said Zayat family spokesman Matthew Hiltzik. "They were always confident that the truth would prevail, and are very happy to have this behind them so that all racing and sports fans can focus on the exciting upcoming weekend at Belmont."

According to court papers, Rubinsky said he and Zayat entered into a personal services contract in 2003 and Rubinsky said he advanced Zayat credit at a couple of casinos under the agreement that he'd be paid back. Zayat contended this was not the case.

Rubinsky claimed that by the end of 2005, Zayat owed him $2 million, some of which was repaid, but Zayat has denied owing Rubinsky the money.

In his ruling, U.S. District Judge William J. Martini sided with Zayat's argument that Rubinsky's claim dated to 2005, when Rubinsky hired an attorney and investigator to recover the alleged debt. Rubinsky had said the claim dated to 2008, when he said he received text messages from Zayat that constituted a written promise to repay the $1.65 million.

Joseph Bainton, Rubinsky's attorney, said he was assessing his options ''regarding an opinion with which we respectfully disagree.'' Rubinsky could file an appeal to have Martini reconsider the decision, or file an appeal to the Third U.S. Circuit Court of Appeals.

A separate libel suit filed by Bainton against Zayat this week is still pending in federal court, over comments Zayat made about the gambling debt case.