Legal Opinion

Hearn Department Stores, Inc. v. Livingston

Appellate Division of the Supreme Court of the State of New York

Decided October 6, 1953PublishedCited by 6 opinions

1Per curiam

The Special Term has found after a hearing that a labor dispute within the purview of section 876-a of the Civil Practice Act is involved. The court stated that in view of the fact that it was not possible to identify the employees allegedly involved in illegal activities it could not then decide whether employees of plaintiff who had engaged in a sit-down strike on May 13, 1953, were mere strangers or whether they still retained their status as employees.

Belief against mass picketing which plaintiff sought pendente lite, was partially granted. Finding that the picketing was accompanied by…

2Cases cited10 opinions

  1. Giboney v. Empire Storage & Ice Co.Supreme Court of the United States · 1949
  2. Milk Wagon Drivers Union, Local 753 v. Meadowmoor Dairies, Inc.Supreme Court of the United States · 1941
  3. National Labor Relations Board v. Fansteel Metallurgical Corp.Supreme Court of the United States · 1939
  4. Building Service Employees International Union, Local 262 v. GazzamSupreme Court of the United States · 1950
  5. Exchange Bakery & Restaurant, Inc. v. RifkinNew York Court of Appeals · 1927

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3Cited by6 opinions

  1. Eastern Air Lines, Inc. v. International Ass'n of MacHinists & Aerospace Workers (In Re Ionosphere Clubs, Inc.)United States Bankruptcy Court, S.D. New York · 1989
  2. AFA Protective Systems v. Local Union No. 3New York Supreme Court · 1972
  3. Baur v. WepprechtNew York Supreme Court · 1958
  4. Dorfman v. HayesAppellate Division of the Supreme Court of the State of New York · 1970
  5. Editorial "El Imparcial, Inc. v. Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers, Local No. 901Supreme Court of Puerto Rico · 1961

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