Tree-Mark Shoe Co. v. Schwartz

It appears to be the settled law of this State that the right of a labor union to picket “ is not affected by the fact that no strike is in progress in any of the plaintiff’s shops.” (Nann v. Raimist, 255 N. Y. 307.) The Court of Appeals there declared that it was “ committed ” to the doctrine that picketing per se was not to be condemned as an illegal act although no strike existed, citing its prior decision in Exchange Bakery & Restaurant, Inc., v. Rifkin (245 N. Y. 260).

The court referred to “ defendant’s indubitable right to win converts over to its fold by recourse to peaceable…