Legal Opinion

Settembrini v. Greenberg

New York Supreme Court

Decided August 4, 1951PublishedCited by 4 opinions

1Opinion of the CourtMatthew M. Levy, J.

The plaintiffs’ motion for an injunction pendente lite is denied, without prejudice to a renewal upon compliance with section 876-a of the Civil Practice Act or in the event of adequate proof of unlawful acts. The defendants’ cross motion to dismiss the complaint is denied — since, on the face of the complaint, the plaintiffs allege that there is no labor dispute within the meaning of the statute and present facts indicating unlawful conduct.

*833In Thompson v. Boekhout (273 N. Y. 390) it appears that the employee had been discharged and his duties taken over by the owner. In the instant case —…

2Cases cited3 opinions

  1. Cafeteria Employees Union, Local 302 v. AngelosSupreme Court of the United States · 1943
  2. Thompson v. BoekhoutNew York Court of Appeals · 1937
  3. Baillis v. FuchsNew York Court of Appeals · 1940

3Cited by4 opinions

  1. Bentrovato v. CrinnionNew York Supreme Court · 1954
  2. Lasky v. KemptonNew York Supreme Court · 1954
  3. In re the Arbitration between Fava & Spacarb New York Distributors, Inc.New York Supreme Court · 1955
  4. Cortlandt Co. Department Store, Inc. v. CohenNew York Supreme Court · 1953

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