Madden v. Queens County Jockey Club, Inc.

“ Owney ’*’ Madden was named by one Frank Costello in 1943 as a bookmaker with whom he placed bets. “ Coley ” Madden, plaintiff herein, a self-styled “ patron of the races ”, was barred by defendant from its Aqueduct Race Track in 1945, under the mistaken belief that he was Costello’s bookmaker. Plaintiff thereupon sought a declaratory judgment declaring that he has a right, as citizen and taxpayer — upon paying the required admission price — to enter the race course and patronize the pari-mutuel betting there conducted. Defendant, on the other hand, asserted an unlimited power of exclusion.…