Legal Opinion

Stork Restaurant, Inc. v. Fernandez

New York Supreme Court

Decided March 23, 1959PublishedCited by 2 opinions

1Opinion of the CourtJoseph A. Gavagan, J.

Plaintiff corporation, operating a restaurant, seeks a temporary injunction to restrain the defendant unions from continuing the alleged unlawful picketing, which has proceeded in front of plaintiff’s premises for more than *266two years. The unions cross-move to dismiss the complaint on the ground that the court does not have jurisdiction of the subject of the action and on the further ground that there is a prior action pending in this court for the same relief.

The present action, unlike the prior action, is predicated upon the continuation of the picketing after the declination by the State…

2Cases cited19 opinions

  1. Garner v. Teamsters, Chauffeurs & Helpers Local Union No. 776Supreme Court of the United States · 1954
  2. National Licorice Co. v. National Labor Relations BoardSupreme Court of the United States · 1940
  3. Allen-Bradley Local No. 1111 v. Wisconsin Employment Relations BoardSupreme Court of the United States · 1942
  4. Weber v. Anheuser-Busch, Inc.Supreme Court of the United States · 1955
  5. International Union, U. A. W. A., A. F. of L., Local 232 v. Wisconsin Employment Relations BoardSupreme Court of the United States · 1949

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3Cited by2 opinions

  1. Dempsey v. Great Atlantic & Pacific Tea Co.New York Supreme Court · 1960
  2. Stork Restaurant, Inc. v. FernandezAppellate Division of the Supreme Court of the State of New York · 1959

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