Klein v. Morrin

Appellate Division of the Supreme Court of New York

Klein v. Morrin

248 A.D. 153, 288 N.Y.S. 1105, 1936 N.Y. App. Div. LEXIS 6095

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

DecidedMay 29, 1936

StatusPublished

Cited by1 cases

This text of 248 A.D. 153 (Klein v. Morrin) 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

Klein v. Morrin, 248 A.D. 153, 288 N.Y.S. 1105, 1936 N.Y. App. Div. LEXIS 6095 (N.Y. Ct. App. 1936).

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Opinion

Pee Curiam.

The trial court, in our opinion, correctly held the expulsion of local 52 to be illegal and should, therefore, have enjoined local 447 from representing to employers of labor that the members of local 52 are non-union workers not affiliated with the international union or with the American Federation of Labor. On the appeal of the plaintiffs-respondents-appellants the judgment should, to that extent, be modified with costs to the plaintiffs. On the appeal of the defendant-appellant-respondent the judgment should be affirmed.

Present — Mabtin, P. J., Townley, Glennon, Untebmybb and Does, JJ.

Judgment so far as appealed from by the plaintiffs unanimously modified as indicated in opinion, with costs to the plaintiffs. Judgment so far as appealed from by the defendant unanimously affirmed. The findings inconsistent with this determination should be reversed and such new findings made of facts proved upon the trial as are necessary to sustain the judgment hereby awarded. Settle order on notice.

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Pee Curiam.

The trial court, in our opinion, correctly held the expulsion of local 52 to be illegal and should, therefore, have enjoined local 447 from representing to employers of labor that the members of local 52 are non-union workers not affiliated with the international union or with the American Federation of Labor. On the appeal of the plaintiffs-respondents-appellants the judgment should, to that extent, be modified with costs to the plaintiffs. On the appeal of the defendant-appellant-respondent the judgment should be affirmed.

Present — Mabtin, P. J., Townley, Glennon, Untebmybb and Does, JJ.

Judgment so far as appealed from by the plaintiffs unanimously modified as indicated in opinion, with costs to the plaintiffs. Judgment so far as appealed from by the defendant unanimously affirmed. The findings inconsistent with this determination should be reversed and such new findings made of facts proved upon the trial as are necessary to sustain the judgment hereby awarded. Settle order on notice.

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Bluebook (online)

248 A.D. 153, 288 N.Y.S. 1105, 1936 N.Y. App. Div. LEXIS 6095, Counsel Stack Legal Research, https://law.counselstack.com/opinion/klein-v-morrin-nyappdiv-1936.

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