Majority
p. 890The Nevins, Inc., Respondent, v. Elias Kasmach, as President of the Waiters and Waitresses Union, Local No. 2 of Brooklyn and Queens, Affiliated with the American Federation of Labor, and Central Trades and Labor Council of Greater New York, Appellant. (Appeal No. 2.)
Order denying motion to dismiss the complaint for failure to state facts sufficient to constitute a cause of action reversed on the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. The contract sought to be enforced in equity is an alleged agreement not to strike. Enforcement of such a contract by injunction is against public policy, as declared by the Legislature. Hagarty, Carswell, Johnston, Adel and Close, JJ., concur.