Homann v. O'Grady — 6 A.D.2d 872

Majority

p. 872

Joseph Homann, Respondent, v. John M. O’Grady, Individually and as President of Wine & Liquor Store Employees Union, Local 122, AFL-CIO, et al., Appellants.

In an action to enjoin, inter alia, the picketing of a place of business, the appeal is from an order granting a motion for an injunction pendente lite. Order reversed, without costs, and matter remitted to the Special Term for a hearing as to whether the injunction should issue. The affidavit of the union organizer denied that he had ever demanded that respondent, the employer, sign a union contract. An issue of fact as to the existence of a labor dispute exists which cannot be determined without a hearing. (W ood v. O’Grady, 307 N. Y. 532 ; Palermo v. Motto, 283 App. Div. 746 .) Nolan, P. J., Murphy, Hallinan and Kleinfeld, JJ., concur; Wenzel, J., dissents and votes to affirm the order on the opinion of the court at Special Term. ( 11 Misc 2d 592 .)

Cases cited

Wood v. O'Grady 307 N. Y. 532 N.Y. 1954-10-22 p. 872
Homann v. O'Grady 11 Misc 2d 592 N.Y. Sup. Ct. 1958-04-29 p. 872