FRISCHMAN v. METRO. TOBACCO CO.


199 Misc. 844 (1951)

Christopher Frischman, Plaintiff, v. Metropolitan Tobacco Company, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

March 26, 1951.


Attorney(s) appearing for the Case

H. Russell Winokur and Richard S. Lane for Metropolitan Tobacco Company, Inc., defendant.

Harold R. Brophy for plaintiff.


HAMMER, J.

Defendant Metropolitan Tobacco Company, Inc., moves to dismiss the third cause of action for insufficiency. The cause is framed for recovery of treble damages pursuant to section 1433 of the Penal Law. Plaintiff was employed by Metropolitan for twenty-five years. He claims defendants conspired to and did induce breach of union by-laws and constitution and the employment agreement with Metropolitan, by reason of which he has been deprived of...

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