Majority
p. 781Ernest Hunninghaus, Appellant, v. Adam Schmitt, Individually and as Business Agent of Bakers’ Union Number 3, of Brooklyn and Queens, Amalgamated Food Workers, “ Richard Roe,” as President, and “ John Doe,” as Secretary of Bakers’ Union, Number 3, of Brooklyn and Queens, Amalgamated Food Workers, Names of Said Last Two Defendants Being Fictitious, True Names of These Defendants Being Unknown to Plaintiff, Persons Intended, However, Being President and Secretary Respectively of Bakers’ Union No. 3, of Brooklyn and Queens, Amalgamated Food Workers, Respondents.
Appeal from order denying plaintiff’s motion for a temporary injunction withdrawn on consent, action ordered to be tried at Special Term on November 23, 1931, and injunction continued pending the determination of the trial. Lazansky, P. J., Kapper, Hagarty, Tompkins and Davis, JJ., concur.