Duane Reade Inc. v. Local 338, Retail, Wholesale, Department Store Union

Appeal from order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered on or about June 4, 2003, which granted preliminary injunctive relief, unanimously dismissed as moot, without costs.

The preliminary injunction, barring defendants’ representatives from entering plaintiffs premises to solicit votes in favor of union affiliation, was granted on May 28, 2003, to be effective only until the close of polls at noon the following day. (Plaintiffs employees voted in favor of union affiliation on May 29.) Defendants’ challenge to the court’s ruling has thus been rendered moot.…