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ART STEEL CO. v. VELAZQUEZ

280 A.D. 76 (1952)

Art Steel Company Inc., Respondent, v. Federico O. Velazquez, as President of United Steelworkers of America, C. I. O., Local 1764, Respondent, and Ricardo N. Cabassa et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

March 25, 1952.

Attorney(s) appearing for the Case

Carl E. Newton of counsel (Walter R. Mansfield, Sidney P. Howell, Jr., and Robert F. Morten with him on the brief; Donovan Leisure Newton Lumbard & Irvine, attorneys), for defendants-appellants.

Morris Wagman of counsel (Irving Sheinfeld with him on the brief; Morris Wagman, attorney), for plaintiff-respondent.

William Auerbach for defendant-respondent.

DORE, J. P., concurs with CALLAHAN, J.; VAN VOORHIS, J., concurs in result in opinion, in which COHN, J., concurs; SHIENTAG, J., dissents in opinion only with respect to the first appeal in which he votes to reverse the temporary injunction, but he concurs in the second appeal and votes to affirm the order denying the motion to dismiss the complaint.

CALLAHAN, J.

A temporary injunction has been issued by Special Term restraining the prosecution of a strike initiated by the plaintiff's employees. Plaintiff concededly is engaged in interstate commerce manufacturing art metal products in several plants located in the County of Bronx, City of New York. Since June 15, 1950, a collective bargaining agreement has been in effect governing labor relations of plaintiff...

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