Stork Restaurant, Inc. v. Fernandez

This is an appeal from an order dated and entered April 1, 1959, which granted plaintiff’s motion for a temporary injunction and denied defendants’ cross motion to dismiss the complaint pursuant to subdivisions 1 and 3 of rule 107 of the Rules of Civil Practice, on the ground (1) that the court had no jurisdiction of the subject of the action, and (2) that there is another action pending between the same parties for the same cause.

The complaint and supporting affidavits allege that the picketing which was commenced by the two unions on January 8 and 9, 1957, respectively, is not for any…