Weiner v. Pruzan

In an action to restrain defendant union from picketing plaintiff’s business and for damages plaintiff moves for an injunction pendente lite. Tbe defendant cross-moves to dismiss the complaint pursuant to rule 106 of the Rules of Civil Practice on the ground that the court has no jurisdiction of the subject matter of the action and on the further ground that the complaint fails to state facts sufficient to constitute a cause of action.

Since the institution of the motion plaintiff has signed a collective bargaining agreement with the defendant and the *669picketing has ceased. The motion for a…