Spartan Coat, Apron, Towel and Linen Supply Co. v. Simon

• Decision Date: 05 March 1959
• Citation: 5 N.Y.2d 1005,185 N.Y.S.2d 260
• Parties: , 158 N.E.2d 123 SPARTAN COAT, APRON, TOWEL AND LINEN SUPPLY CO., Inc., Appellant, v. Louis SIMON, individually and as Secretary-Treasurer of The Amalgamated Laundry Workers Board, Amalgamated Clothing Workers of America, an unincorporated association, Respondent.
• Court: New York Court of Appeals Court of Appeals

Page 260

185 N.Y.S.2d 260

5 N.Y.2d 1005, 158 N.E.2d 123

SPARTAN COAT, APRON, TOWEL AND LINEN SUPPLY CO., Inc., Appellant, v. Louis SIMON, individually and as Secretary-Treasurer of The

Amalgamated Laundry Workers Board, Amalgamated

Clothing Workers of America, an

unincorporated association, Respondent.

Court of Appeals of New York.

March 5, 1959.

Appeal from Supreme Court, Appellate Division, Second Department, 7 A.D.2d 740, 180 N.Y.S.2d 633.

Corporation, which was engaged in the operation of a laundry linen service in interstate commerce, brought action against union official to restrain picketing and boycotting.

The Supreme Court, Special Term, Queens County, William B. Groat, J., 11 Misc.2d 271, 174 N.Y.S.2d 44, denied motion for temporary injunction and granted motion to dismiss the complaint, and the corporation appealed. The Appellate Division, 7 A.D.2d 710, 180 N.Y.S.2d 633, affirmed the order and held that complaint was properly dismissed, on ground that the matter was within the exclusive jurisdiction of the National Labor Relations Board. Kleinfeld, J., dissented.

The corporation appealed to the Court of Appeals, and motion was made in the Court of Appeals to have the appeal heard on ten copies of the record before the Appellate Division together with the required number of printed additional papers and printed briefs.

Motion to have the appeal heard upon ten copies of the record before the Appellate Division together with the required number of printed additional papers and printed briefs granted.