Helmsley-Spear, Inc. v. Fishman

Order, Supreme Court, New York County (Martin Shulman, J.), entered April 13, 2006, which granted plaintiffs’ motion for a preliminary injunction against defendants continuing their “banging racket” outside the Empire State Building, unanimously reversed, on the law, without costs, the injunction vacated and the complaint dismissed. The Clerk is directed to enter judgment accordingly.

This action to restrain conduct of loud drumming to publicize defendant union’s handbilling activities is preempted by federal labor law (see Machinists v Wisconsin Employment Relations Comm'n, 427 US 132 [1976];…