Arnold Bakers v. Strauss
| Citation | 157 N.Y.S.2d 355,2 N.Y.2d 721 |
| Parties | , 138 N.E.2d 723 ARNOLD BAKERS, Inc., et al., Respondents, v. John STRAUSS, as President, and Robert J. Sullivan, as Treasurer of Baker and Pastry Drivers & Helpers Local 802, American Federation of Labor, an unincorporated Association of seven or more members, Appellants. |
| Decision Date | 11 October 1956 |
| Court | New York Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 1 A.D.2d 604, 153 N.Y.S.2d 999.
Bakery, wholesalers, and distributors brought action against officers of union to enjoin picketing of retailers for purpose of organizing the distributors.
The Supreme Court, Special Term, Westchester County, Arthur D. Brennan, J., 207 Misc. 752, 138 N.Y.S.2d 404, on February 8, 1955, entered an order denying a motion to dismiss the complaint, and, 141 N.Y.S.2d 619, on June 2, 1955, entered an order granting motion for an injunction pendente lite, and the officers of the union appealed.
The Appellate Division, Murphy, J., 1 A.D.2d 604, 153 N.Y.S.2d 999, affirmed the orders, and held that record justified determination of Special Term that distributors were bona fide, independent enterprisers rather than employees and that therefore National Labor Relations Board did not have exclusive jurisdiction, and that the controversy was not a labor dispute within meaning of section of the Civil Practice Act limiting injunctions issued in labor disputes.
The Appellate Division, 2 A.D.2d 810, 154 N.Y.S.2d 844, denied motion for leave to appeal to the Court of Appeals.
Officers of the union made a motion in the Court of Appeals for leave to appeal.
Motion for leave to appeal dismissed, with ten dollars costs, upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.
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