Vaintraub v. New York Racing Ass'n
| Decision Date | 13 June 1967 |
| Citation | 280 N.Y.S.2d 758,28 A.D.2d 660 |
| Court | New York Supreme Court — Appellate Division |
| Parties | Application of George VAINTRAUB, Petitioner-Respondent, for a judgment under Article 78 of the Civil Practice Law & Rules setting aside an order barring petitioner from certain race tracks in the State of New York, v. The NEW YORK RACING ASSOCIATION, Inc., New York State Racing Commission and Thoroughbred Racing Protective Bureau, Inc., Respondents-Appellants. |
I. Schneider, New York City, for petitioner-respondent.
D. R. Hyde, P. Weinberg, New York City, for respondents-appellants.
Before EAGER, J.P., and STEUER, CAPOZZOLI, RABIN and McNALLY, JJ.
Order entered November 23, 1966 denying the appellants' motions to dismiss the petition unanimously reversed, on the law, and the motions are granted and the petition is dismissed, with $50 costs and disbursements to the respondents-appellants.
The petitioner seeks an order directing the respondents-appellants Thoroughbred Racing Protective Bureau, and the New York Racing Association, Inc., to cease barring petitioner from the race tracks under their management, and directing the New York State Racing Commission to require the New York Racing Association and the Thoroughbred Racing Protective Bureau, Inc., to admit petitioner to its tracks.
It has been held that the operator of a race track may exclude a person for any reason other than on the grounds stated in Civil Rights Law, Section 40, those being race, creed, color or national origin. (Madden v. Queens County Jockey Club, 196 N.Y. 249, 72 N.E.2d 697, 1 A.L.R.2d 1160.) The petition does not bring petitioner's exclusion within the ambit of the Civil Rights Law and hence the petition should be dismissed.
To continue reading
Request your trial
-
Jacobson v. New York Racing Ass'n, Inc.
...on Madden v. Queens County Jockey Club, 296 N.Y. 249, 72 N.E.2d 697 and cases which follow it (e.g., Matter of Vaintraub v. New York Racing Ass'n, 28 A.D.2d 660, 280 N.Y.S.2d 758; Segal v. Thoroughbred Racing Protective Bur., N.Y.L.J., July 31, 1967, p. 98 Col. 1 (Supreme Ct., N.Y. Cunty); ......
-
Tropical Park, Inc. v. Jock
...96, 57 A.2d 335 (1948); Presti v. New York Racing Association, 46 A.D.2d 387, 363 N.Y.S.2d 24 (1975); Vaintraub v. New York Racing Association, 28 A.D.2d 660, 280 N.Y.S.2d 758 (1967); Annot. 1 A.L.R.2d 1165 (1948). The appellee also urges that because the statutes require the operator to ex......
-
People v. Licata
...the burden of carefully screening its patrons, and excluding or expelling any undesirable persons. (See Matter of Vaintraub v. New York Racing Assn., 28 A.D.2d 660, 280 N.Y.S.2d 758; Gottlieb v. Sullivan County Harness Racing Assn., 25 A.D.2d 798, 269 N.Y.S.2d Not only did the association i......