Holt v. Mead Truck Renting Corp.

228 A.D.2d 476, 643 N.Y.2d 679, 643 N.Y.S.2d 679, 1996 N.Y. App. Div. LEXIS 6637

Opinion

There is no merit to the appellant’s contention that the claims raised in the third-party complaint are preempted by the National Labor Relations Act (29 USC § 151 et seq.). There exists a "significant state interest in protecting the [plaintiff] from the challenged conduct”, and "although the challenged conduct occurred in the course of a labor dispute * * * the exercise of state jurisdiction over the tort claim entail[s] little risk of interference with the regulatory jurisdiction of the [National] Labor [Relations] Board” (Sears, Roebuck & Co. v Carpenters, 436 US 180, 196; see, Farmer v Carpenters, 430 US 290). Since the State tort action can be decided without consideration of the labor conflict, jurisdiction lies in State court (see, Farmer v Carpenters, supra; Betts v University of Rochester, 123 AD2d 496).

The appellant’s remaining contentions lack merit. Mangano, P. J., Sullivan, Altman and Hart, JJ., concur.