College Theatres, Inc. v. Kaplan

Appellate Division of the Supreme Court of New York

College Theatres, Inc. v. Kaplan

233 A.D. 870

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

DecidedJune 15, 1931

StatusPublished

This text of 233 A.D. 870 (College Theatres, Inc. v. Kaplan) 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

College Theatres, Inc. v. Kaplan, 233 A.D. 870 (N.Y. Ct. App. 1931).

Pincite

Opinion

Order denying motion for an injunction pendente lite reversed upon the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. On the facts disclosed, it appears that the purpose of the picketing is to force a breach of the contractual relations entered into between the plaintiff and a rival organization. Kapper, Scudder, Tompkins and Davis, JJ., concur; Lazansky, P. J., concurs in result, being of opinion that on the papers before the court the good faith of the defendant union in its attitude toward the contract between the plaintiff and other unions is questionable. To decide this requires a trial. In the meantime picketing should be stayed.

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Order denying motion for an injunction pendente lite reversed upon the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. On the facts disclosed, it appears that the purpose of the picketing is to force a breach of the contractual relations entered into between the plaintiff and a rival organization. Kapper, Scudder, Tompkins and Davis, JJ., concur; Lazansky, P. J., concurs in result, being of opinion that on the papers before the court the good faith of the defendant union in its attitude toward the contract between the plaintiff and other unions is questionable. To decide this requires a trial. In the meantime picketing should be stayed.

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Bluebook (online)

233 A.D. 870, Counsel Stack Legal Research, https://law.counselstack.com/opinion/college-theatres-inc-v-kaplan-nyappdiv-1931.