Madden v. Queens County Jockey Club, Inc.

Plaintiff seeks judgment declaring that he has the right to attend horse races and engage in parimutuel betting conducted by defendant at its racecourse, known as Aqueduct Bace Track, and restraining defendant from preventing his exercise of that right. He alleges in his complaint and shows, without factual dispute, in support of his motion for a temporary injunction, that he has been excluded without cause. Plaintiff contends, in response to defendant’s assertion that it has the right to exclude any person at its pleasure, and the learned Special Term justice has determined, that defendant…