Legal Opinion · Dissent

Boro Park Sanitary Live Poultry Market, Inc. v. Heller

New York Court of Appeals

Decided June 2, 1939Published

1DissentRippey, J.

This action was brought by the plaintiff, a domestic business corporation, in equity to restrain the defendants from unlawfully interfering with it and its business. The plaintiff has failed to allege compliance with the provisions of section 876-a of the Civil Practice Act on the asserted ground that there is no “ labor dispute” "within the meaning and scope of the provisions of that section. At Special Term, it moved for an injunction pendente lite, which motion was granted. A cross-motion by the defendants to dismiss the complaint against the corporate plaintiff was denied. Upon appeal,…

2Cases cited5 opinions

  1. Claim of Bowne v. S. W. Bowne Co.New York Court of Appeals · 1917
  2. Thompson v. BoekhoutNew York Court of Appeals · 1937
  3. Farmers' Loan & Trust Co. v. PiersonNew York Supreme Court · 1927
  4. Luft v. FloveNew York Court of Appeals · 1936
  5. Yablonowitz v. KornAppellate Division of the Supreme Court of the State of New York · 1923

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