CC Lumber Co. v. Waterfront Commission of New York Harbor

Appellate Division of the Supreme Court of New York

CC Lumber Co. v. Waterfront Commission of New York Harbor

36 A.D.2d 909, 320 N.Y.S.2d 774, 1971 N.Y. App. Div. LEXIS 4157

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 6, 1971

StatusPublished

This text of 36 A.D.2d 909 (CC Lumber Co. v. Waterfront Commission of New York Harbor) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

CC Lumber Co. v. Waterfront Commission of New York Harbor, 36 A.D.2d 909, 320 N.Y.S.2d 774, 1971 N.Y. App. Div. LEXIS 4157 (N.Y. Ct. App. 1971).

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Opinion

[911]*911Concur — Capozzoli, J. P., McGivern, Markewieh and Tilzer, JJ.; Kupferman, J., dissents in the following memorandum: The third and fourth charges based on sections 723 and 724 of the New York Labor Law, while technical in view of the family relationships involved, set forth the policy of the State of New York. That policy is to have a financial line of demarcation between labor leaders and employers with whom they deal on behalf of their members. (Fitzgerald v. Catherwood, 388 F. 2d 400 cert. den. 391 U. S. 934. cf. Labor Management Reporting and Disclosure Act of 1959, • U. S. Code, tit. 29, § 401 et seq.) The determination by The Waterfront Commission of New York Harbor, on this basis, is neither arbitrary nor unreasonable and, therefore, must be sustained.

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[911]*911Concur — Capozzoli, J. P., McGivern, Markewieh and Tilzer, JJ.; Kupferman, J., dissents in the following memorandum: The third and fourth charges based on sections 723 and 724 of the New York Labor Law, while technical in view of the family relationships involved, set forth the policy of the State of New York. That policy is to have a financial line of demarcation between labor leaders and employers with whom they deal on behalf of their members. (Fitzgerald v. Catherwood, 388 F. 2d 400 cert. den. 391 U. S. 934. cf. Labor Management Reporting and Disclosure Act of 1959, • U. S. Code, tit. 29, § 401 et seq.) The determination by The Waterfront Commission of New York Harbor, on this basis, is neither arbitrary nor unreasonable and, therefore, must be sustained.

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Bluebook (online)

36 A.D.2d 909, 320 N.Y.S.2d 774, 1971 N.Y. App. Div. LEXIS 4157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cc-lumber-co-v-waterfront-commission-of-new-york-harbor-nyappdiv-1971.

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