Morrello v. Saratoga Harness Racing, Inc.

Greenblott, J. P., and Mikoll, J., dissent and vote to affirm in the following memorandum by Greenblott, J. P. Greenblott, J. P. (dissenting).

Plaintiff, a licensed owner, trainer and driver of trotting and pacing horses, had two horses in stalls at defendant’s racetrack for which he paid a daily rental. On March 31, 1971 plaintiff received a letter from defendant requesting that he remove his horses by April 4, 1971. Plaintiff testified that he then had a conversation with defendant’s racing secretary, Harold Haswell. Haswell refused to tell him why he was not given stall space and when…