Kerbs v. Rosenstein
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Injunction by Edward A. Kerbs and others against Nathan Rosenstein and others. Prom an order vacating a preliminary injunction (66 N. Y. Supp. 42) plaintiffs appeal.
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Appeal from special term, New York county. Injunction by Edward A. Kerbs and others against Nathan Rosenstein and others. Prom an order vacating a preliminary injunction (66 N. Y. Supp. 42) plaintiffs appeal. The action was brought to restrain the defendants from the commission of certain acts specified in the complaint, which the plaintiffs allege were unlawful in their character, and injurious to their business, instigated, promoted, or aided by some of the defendants, and actually committed by others; the whole being the result of a conspiracy between certain labor unions and associations,…
1Opinion of the CourtPattersoh, J.
The injunction was contained in an order to show cause why it should not be continued and made permanent until final judgment in the action, and upon the hearing of that order the plaintiffs’ case was met by affidavits denying the formation or existence of a conspiracy, and also denying the specific acts which the plaintiffs claim constituted violence towards their employés, or threats or intimidation, or efforts illegitimately to prevent persons entering the employment of the plaintiffs, or to induce them to leave that employment. Upon a full consideration of the affidavits, the justice at…
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