Cortlandt Co. Department Store, Inc. v. Cohen
New York Supreme Court
1Opinion of the CourtMatthew M. Levy, J.
The application of the plaintiff to enjoin the defendants pendente lite is denied. The complaint makes charges in general terms, but they are not established by the affidavits in anywhere near sufficient degree to warrant the drastic remedy of injunctive relief — especially where the defendants specifically deny the charges, and it affirmatively appears that the union’s conduct is orderly and not misleading.
Picketing in the exercise of free speech — if peaceful and not false — may under our law properly be undertaken in a legitimate attempt to unionize plaintiff’s enterprise. This is…
2Cases cited4 opinions
- Garner v. Teamsters, Chauffeurs & Helpers Local Union No. 776Supreme Court of the United States · 1954
- Goodwins, Inc. v. HagedornNew York Court of Appeals · 1951
- Settembrini v. GreenbergNew York Supreme Court · 1951
- Wood v. O'GradyAppellate Division of the Supreme Court of the State of New York · 1953