Loffini v. Bellitteri

Appellate Division of the Supreme Court of New York

Loffini v. Bellitteri

250 A.D. 855, 296 N.Y.S. 826, 1937 N.Y. App. Div. LEXIS 9410

Appellate Division of the Supreme Court of the State of New York·Decided April 5, 1937·Published·Cited by 1 cases

Opinion

In an action involving a labor dispute, for an injunction restraining respondents from violating the provisions of an agreement in writing entered into between appellant and respondents, and for other relief, judgment dismissing the complaint at the close of the plaintiff’s proofs, but not on the merits, affirmed, with [856] costs. No opinion. Hagarty, Carswell, Johnston and Taylor, JJ., concur; Lazansky, P. J., dissents and votes for reversal and a new trial upon the ground that the action is for specific performance and that section 876-a of the Civil Practice Act is irrelevant thereto.

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In an action involving a labor dispute, for an injunction restraining respondents from violating the provisions of an agreement in writing entered into between appellant and respondents, and for other relief, judgment dismissing the complaint at the close of the plaintiff’s proofs, but not on the merits, affirmed, with [856] costs. No opinion. Hagarty, Carswell, Johnston and Taylor, JJ., concur; Lazansky, P. J., dissents and votes for reversal and a new trial upon the ground that the action is for specific performance and that section 876-a of the Civil Practice Act is irrelevant thereto.

Loffini v. Bellitteri, 250 A.D. 855, 296 N.Y.S. 826, 1937 N.Y. App. Div. LEXIS 9410 (N.Y. Ct. App. 1937).

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