People v. Masiello

Appellate Division of the Supreme Court of New York

People v. Masiello

271 A.D.2d 875

Appellate Division of the Supreme Court of the State of New York·Decided December 20, 1946·Published

Opinion

While the affidavits dispute certain incidents of the relationship between newsdealers and newspaper publishers, and the dispute may be regarded as a triable issue and open to proof that the newsdealers are “ workingmen ” within section 340 of the General Business Law and within the holdings in People v. Gassman (295 N. Y. 254) and Board v. Hearst Publications, [876] (322 U. S. Ill), we think the injunction pendente lite was properly granted and the order should, therefore, be affirmed. Order unanimously affirmed, with $20 costs and disbursements to the respondent. Present — Martin, P. J., Glennon, Cohn, Callahan and Peck, JJ. [177 Mise. 608.]

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While the affidavits dispute certain incidents of the relationship between newsdealers and newspaper publishers, and the dispute may be regarded as a triable issue and open to proof that the newsdealers are “ workingmen ” within section 340 of the General Business Law and within the holdings in People v. Gassman (295 N. Y. 254) and Board v. Hearst Publications, [876] (322 U. S. Ill), we think the injunction pendente lite was properly granted and the order should, therefore, be affirmed. Order unanimously affirmed, with $20 costs and disbursements to the respondent. Present — Martin, P. J., Glennon, Cohn, Callahan and Peck, JJ. [177 Mise. 608.]

People v. Masiello, 271 A.D.2d 875 (N.Y. Ct. App. 1946).

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