Helmsley-Spear, Inc. v. Fishman

OPINION OF THE COURT

Pigott, J.

The issue on this appeal is whether plaintiffs’ private nuisance cause of action is preempted by the National Labor Relations Act (NLRA). We hold that it is not.

I

Plaintiff Helmsley-Spear, Inc., managing agent of the Empire State Building (ESB),* retained Copstat Security, LLC, a private security firm, to provide security services for the ESB. In 2005, defendants Michael Fishman, as President of SEIU Local 32B-32J, AFL-CIO, SEIU Local 32B-32J, AFL-CIO, and John Does 1-7 (collectively, the Union) began a concerted effort to organize Copstat employees. As part of…