Canfield v. Moreschi

• Decision Date: 25 October 1945
• Citation: 64 N.E.2d 177,294 N.Y. 632
• Parties: CANFIELD et al. v. MORESCHI et al.
• Court: New York Court of Appeals Court of Appeals

294 N.Y. 632

64 N.E.2d 177

CANFIELD et al.

v.MORESCHI et al.

Court of Appeals of New York.

Oct. 25, 1945.

Appeal from Supreme Court, Appellate Division, Third Department.

Consolidated action by Kenneth Canfield, individually and as president of Rock Drilling, Blasting, Roads, Sewers, Viaducts, Bridges, Foundations, Excavations and Concrete Work and Common Laborers' Local Union No. 17, and others against Joseph V. Moreschi, individually and as president of International Hod Carriers', Building and Common Laborers' Union of America, and others, to enjoin defendants from conspiring to take over the management and affairs of the local union illegally and deprive its members of their union rights and privileges, and for other relief, in which defendant, International Union filed a counterclaim. From a judgment of the appellate division 268 App.Div. 64, 48 N.Y.S.2d 668, entered July 27, 1944, modifying and affirming as modified a judgment of the Supreme Court for plaintiffs entered in Ulster County on a decision of the court at trial term, Foster, J., 182 Misc. 195, 49 N.Y.S.2d 903, without a jury and another judgment of the same court providing for costs against certain of the defendants, James Bove, individually and as vice president of the International Union, and others, appeal. In respect of the first mentioned judgment the modification consisted of adding thereto a direction that none of its provisions should operate to deprive defendant International Union of its power to act in good faith and within the scope of its jurisdiction in proceedings by said International Union affecting Local No. 17 and its members. The Appellate Division also modified the judgment for costs above referred to by eliminating the provision therein directing costs against defendant Patrick Waldron.

Affirmed.

A limited injunction prohibiting an international union from conspiring to dominate and control local union and from interfering with duly elected officers of the local and with its internal affairs was appropriate for furnishing protection to members of local union. Edmond B. Butler, Raymond D. O'Connell and Edward T. Galloway, all of New York City, and John M. Cashin and Arthur B. Ewig, both of Kingston, for appellant International Hod Carriers', Building and Common Laborers' Union of America.

Moses Polakoff, of New York City, for James Bove, appellant.

Hyman N. Glickstein, of New York City, and Charles De La Vergne and Francis Martocci, both of...