Federal Hats, Inc. v. Golden — 223 A.D. 701

Majority

p. 701

First Department,

February, 1928.

Federal Hats, Inc., Respondent, v. Max Golden, Individually and as Chairman, Secretary and Treasurer of the Millinery and Ladies Straw Blockers Union, Local 42, and Others, Appellants.

Headnote

Labor unions — members of union may peacefully picket and also advertise lockout.

Appeal from an order of the Supreme Court, entered in the New York county clerk’s office December 31, 1927, as resettled by an order entered January 10, 1928, granting plaintiff’s motion for an injunction pendente lite.

It is our opinion that the court at Special Term improperly enjoined the defendants from advertising and carrying signs stating that there was a lockout. The defendants should be permitted to peacefully picket the plaintiff’s place of business and to advertise that such lockout exists. The order appealed from, as resettled, should, therefore, be modified by striking therefrom the words “ lockout or,” and as so modified affirmed, without costs. Present ■ — • Dowling, P. J., Merrell, Finch, McAvoy and Proskauer, JJ. Order appealed from, as resettled, modified by striking therefrom the words “ lockout or,” and as so modified affirmed, without costs. Settle order on notice.