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MARZOCCA v. FERRONE

186 N.J. Super. 483 (1982)

453 A.2d 228

JOHN MARZOCCA, PLAINTIFF-APPELLANT, v. FRANK FERRONE, FREEHOLD RACEWAY AND NEW JERSEY RACING COMMISSION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 29, 1982.

Attorney(s) appearing for the Case

Donald M. Lomurro argued the cause for appellant (Lomurro & Eastman, 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).

Robert S. Raymar, argued the cause for respondent Ferrone and Freehold Racing Association (Hellring, Lindeman, Goldstein & Siegal, attorneys; Bernard Hellring and Robert S. Raymar, on the brief).

Before Judges MICHELS, McELROY and J.H. COLEMAN.

The opinion of the court was delivered by McELROY, J.A.D.

These consolidated appeals raise the issue of whether defendant Freehold Raceway Association (FRA) and its racing secretary, defendant, Frank Ferrone, possess the unlimited right, for asserted business reasons, to bar Lord John C, a standard-bred horse owned by plaintiff-appellant John Marzocca, from racing at FRA's track.

The relevant facts follow. After racing his horse at Freehold Raceway in three...

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