Columbia Broadcasting System, Inc. v. McDonough
| Decision Date | 04 May 1959 |
| Citation | 185 N.Y.S.2d 46,8 A.D.2d 695 |
| Parties | , 37 Lab.Cas. P 65,443 COLUMBIA BROADCASTING SYSTEM, INC., Plaintiff-Respondent, v. Patrick A. McDONOUGH, as President, and Manuel Wiener, as Treasurer, of Blueprint, Photostat and Photo Employees Union, Local 24910, AFLCIO, 'John Doe,' 'John Roe,' 'John Smith' and 'John Brown' the last four mentioned names being fictitious and unknown to plaintiff, persons intended being members of the above-named labor union, or engaged in picketing or demonstrating or in committing or participating in the acts complained of in the complaint, Defendants-Appellants. |
| Court | New York Supreme Court — Appellate Division |
E. Lewis, New York City, for defendants-appellants.
E. Dannett, New York City, for plaintiff-respondent.
Before BOTEIN, P. J., and RABIN, VALENTE, McNALLY and STEVENS, JJ.
Order unanimously reversed on the law, the temporary injunctin vacated, and the motion for temporary injunction denied, with costs to the appellants. Where, as here, there is an arguable question of jurisdiction, determination in the first instance must be left to the National Labor Relations Board and the state courts are not primary tribunals to adjudicate such issue. San Diego Building Trades Council, etc. v. Garmon, 79 S.Ct. 773. Order filed.
To continue reading
Request your trial
13 cases
-
Dooley v. Anton
...enjoined the secondary picketing on the authority of the Pleasant Valley decision, but the Appellate Division reversed (8 A.D.2d 695, 185 N.Y.S.2d 46, 47) and held: 'Where, as here, there is an arguable question of jurisdiction, determination in the first instance must be left to the Nation......
-
Newsday, Inc. v. Feldman
...peaceful picketing (San Diego Bldg. Trades Council etc. v. Garmon, 359 U.S. 236, 79 S.Ct. 773, 3 L.Ed.2d 775; Columbia Broadcasting Co. v. McDonough, 8 A.D.2d 695, 185 N.Y.S.2d 46; Weber v. Anheuser-Busch, Inc., 348 U.S. 468, 75 S.Ct. 480, 99 L.Ed. 546; Spartan Coat, Apron, Towel & Linen Su......
-
Honegger v. O'Connell
...tribunals to adjudicate such an issue (Dooley v. Anton, 8 N.Y.2d 91, 202 N.Y.S.2d 273, 168 N.E.2d 356; Columbia Broadcasting System v. McDonough, 8 App.Div.2d 695, 185 N.Y.S.2d 46, aff'd 6 N.Y.2d 962, 191 N.Y.S.2d 162, 161 N.E.2d 389; Costaro v. Simons, 302 N.Y. 318, 98 N.E.2d 454; Goodman ......
-
Harry S. Goodman Productions, Inc. v. Collyer
...interstate commerce, quoted with approval the language of the Appellate Division, First Department, in Columbia Broadcasting System, Inc. v. McDonough, 1959, 8 A.D.2d 695, 185 N.Y.S.2d 46, where that court 'Where, as here, there is an arguable question of jurisdiction, determination in the ......
Request a trial to view additional results