Homann v. O'Grady

Appellate Division of the Supreme Court of New York

Homann v. O'Grady

6 A.D.2d 872, 177 N.Y.S.2d 596

Appellate Division of the Supreme Court of the State of New York·Decided July 8, 1958·Published

Opinion

In an action to enjoin, inter alia, the picketing of a place of business, the appeal is from an order granting a motion for an injunction pendente lite. Order reversed, without costs, and matter remitted to the Special Term for a hearing as to whether the injunction should issue. The affidavit of the union organizer denied that he had ever demanded that respondent, the employer, sign a union contract. An issue of fact as to the existence of a labor dispute exists which cannot be determined without a hearing. (Wood v. O’Grady, 307 N. Y. 532; Palermo v. Motto, 283 App. Div. 746.) Nolan, P. J., Murphy, Hallinan and Kleinfeld, JJ., concur; Wenzel, J., dissents and votes to affirm the order on the opinion of the court at Special Term. (11 Misc 2d 592.)

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In an action to enjoin, inter alia, the picketing of a place of business, the appeal is from an order granting a motion for an injunction pendente lite. Order reversed, without costs, and matter remitted to the Special Term for a hearing as to whether the injunction should issue. The affidavit of the union organizer denied that he had ever demanded that respondent, the employer, sign a union contract. An issue of fact as to the existence of a labor dispute exists which cannot be determined without a hearing. (Wood v. O’Grady, 307 N. Y. 532; Palermo v. Motto, 283 App. Div. 746.) Nolan, P. J., Murphy, Hallinan and Kleinfeld, JJ., concur; Wenzel, J., dissents and votes to affirm the order on the opinion of the court at Special Term. (11 Misc 2d 592.)

Homann v. O'Grady, 6 A.D.2d 872, 177 N.Y.S.2d 596 (N.Y. Ct. App. 1958).

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Opinion

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