Dinny & Robbins, Inc. v. Retail Shoe Salesmen's Union, Local 1115-F

Appellate Division of the Supreme Court of New York

Dinny & Robbins, Inc. v. Retail Shoe Salesmen's Union, Local 1115-F

264 A.D. 375, 35 N.Y.S.2d 598, 1942 N.Y. App. Div. LEXIS 4154

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

DecidedJune 19, 1942

StatusPublished

Cited by1 cases

This text of 264 A.D. 375 (Dinny & Robbins, Inc. v. Retail Shoe Salesmen's Union, Local 1115-F) 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

Dinny & Robbins, Inc. v. Retail Shoe Salesmen's Union, Local 1115-F, 264 A.D. 375, 35 N.Y.S.2d 598, 1942 N.Y. App. Div. LEXIS 4154 (N.Y. Ct. App. 1942).

Pincite

Opinion

Per Curiam.

The complaint alleges and the evidence establishes the existence of a labor dispute within the meaning of section 876-a of the Civil Practice Act. The plaintiff’s failure to comply with the provisions of that section requires the reversal of the judgment and the dismissal of the complaint.

The judgment should be reversed, with costs to the defendant-appellant-respondent, and the complaint dismissed, with costs.

Untermyer, Cohn and Callahan, JJ., concur; Martin, P. J., and Dore, J., dissent.

[376]*376Judgment reversed, with costs to the defendant-appellant-respondent, and the complaint dismissed, with costs. Settle order on notice, reversing findings inconsistent with this determination, and containing such new findings of fact proved upon the trial as are necessary to sustain the judgment hereby awarded.

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