Citation Numbers: 22 Misc. 2d 1061
Judges: Conroy
Filed Date: 12/21/1959
Status: Precedential
Modified Date: 2/5/2022
This is an action for a permanent injunction restraining picketing on the ground that no labor dispute, within the meaning of section 876-a of the Civil Practice Act of the State of New York, exists between the plaintiffs and the defendants, and for damages resulting from the picketing.
The defendants deny the material allegations of the complaint, admit the picketing and the legend on the signs carried by the pickets, and set up affirmative defenses (1) that Ramon Perez and John Mangas were discharged solely because of their membership in and activities on behalf of the defendant Local 325; (2) that the plaintiff Louis Yeoukas unlawfully refused to rehire Ramon Perez because of his membership in Local 325; (3) that plaintiffs refuse to recognize Local 325 as the sole collective bargaining representative of the majority of plaintiffs’ employees; (4) that the plaintiffs come to equity with unclean hands; and (5) that the picketing here constitutes an exercise of the defendants’ right of free speech.
After trial I find as follows: That before August 27, 1959, the restaurant business known as the Shortstop Lunch was owned by Despina Dellis; that she had at least two employees named Ramon Perez and John Mangas; that Perez and Mangas were members of the defendant union Local 325; that on August 27, 1959, Despina Dellis sold the restaurant business known as the Shortstop Lunch to the plaintiffs, George Tsounis and Louis Yeoukas, copartners doing business under the name and style of Shortstop Lunch; that the sale was bona fide; that simultane
In making this decision the court is mindful of the opinion in Greenberg v. Halpern (23 N. Y. S. 2d 903). No disposition is made of plaintiffs’ claim for damages in view of the stipulation of the parties. Let judgment be entered accordingly. Submit judgment.