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MARZOCCA v. FERONE

93 N.J. 509 (1983)

461 A.2d 1133

JOHN MARZOCCA, PLAINTIFF-RESPONDENT, v. FRANK FERONE AND FREEHOLD RACING ASSOCIATION, DEFENDANTS-APPELLANTS, AND NEW JERSEY RACING COMMISSION, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided July 12, 1983.

Attorney(s) appearing for the Case

Robert S. Raymar argued the cause for appellants (Hellring, Lindeman, Goldstein & Siegal, attorneys; Robert S. Raymar and Bernard Hellring, of counsel).

Donald M. Lomurro argued the cause for respondent John Marzocca (Lomurro, Eastman & Collins, attorneys).

Fredric M. Knapp, Deputy Attorney General, argued the cause for respondent New Jersey Racing Commission (Irwin I. Kimmelman, Attorney General of New Jersey, attorney).

The opinion of the Court was delivered by CLIFFORD, J.

In Garifine v. Monmouth Park Jockey Club, 29 N.J. 47 (1959), this Court held that a private racetrack was entitled, under common law, to exclude a patron for any reason other than race, creed, color, national origin or ancestry. We now consider that common law right in the context of the exclusion of a race horse. In addition, the appeal presents a jurisdictional issue: whether...

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