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MENCHER v. WEISS

306 N.Y. 1 (1953)

Sam Mencher, as Chairman of Furriers Joint Council of New York, and as Assignee of Ida Weiss and Others, et al., Appellants, v. Harry Weiss, Respondent.

Court of Appeals of the State of New York.

Decided July 14, 1953

Attorney(s) appearing for the Case

Ralph Shapiro and Harold I. Cammer for appellants.

Sidney E. Katz for respondent.

LEWIS, Ch. J., DESMOND, FROESSEL and VAN VOORHIS, JJ., concur with CONWAY, J.; DYE, J., dissents in opinion in which FULD, J., concurs.

CONWAY, J.

The plaintiffs commenced this action to recover wages, vacation pay, and welfare and pension benefits due under a collective labor agreement entered into by the Furriers Joint Council of New York, a labor union.

Plaintiffs are, respectively, (1) the chairman of the union suing on behalf of the union as payee of the vacation pay, (2) the chairman of the union suing as assignee of the wage claims...

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