Columbia Broadcasting System, Inc. v. McDonough
| Decision Date | 08 July 1959 |
| Docket Number | AFL-CIO |
| Citation | 6 N.Y.2d 962,191 N.Y.S.2d 162 |
| Parties | , 161 N.E.2d 389 COLUMBIA BROADCASTING SYSTEM, INC., Appellant, v. Patrick A. McDONOUGH, as President, and Manuel Wiener, as Treasurer of Blueprint, Photostat and Photo Employees Union, Local 2491,, et al., etc., Respondents. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 8 A.D.2d 695, 185 N.Y.S.2d 46.
Corporation brought injunction against presdent, treasurer, and members of union to restrain them from picketing, demonstrating, or committing or participating in acts complained of in the complaint. Motion was made for a temporary injunction.
An order was entered granting a temporary injunction, and the president, treasurer and members of the union appealed.
The Appellate Division, 8 A.D.2d 695, 185 N.Y.S.2d 46, reversed the order and held that where there was an arguable question of jurisdiction, determination in the first instance was required to be left to the National Labor Relations Board, and that state courts were not primary tribunals to adjudicate such issue.
The Appellate Division, 8 A.D.2d 700, 186 N.Y.S.2d 561, dismissed motion for stay, on ground that the motion had become academic by virtue of the decision of the Appellate Division in 8 A.D.2d 695, 185 N.Y.S.2d 46.
The Appellate Division, 8 A.D.2d 700 186 N.Y.S.2d 561, granted motion of corporation for leave to appeal to the Court of Appeals.
The corporation appealed to the Court of Appeals.
Abramson, Warshaw & Lewis, New York City (Everett E. Lewis, New York City, of counsel), for respondents.
Order affirmed, with costs. Question certified answered in the negative.
All concur.
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