CURTIS v. NEW YORK WORLD-TELEGRAM CORP.


282 A.D. 183 (1953)

Joseph Curtis et al., Respondents, v. New York World-Telegram Corporation, Appellant and Third-Party Plaintiff. Joseph Simons, as President of Newspaper and Mail Deliverers' Union of New York and Vicinity, Third-Party Defendant

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

May 26, 1953.


Attorney(s) appearing for the Case

Thomas A. Diskin of counsel (Macdonald DeWitt and Harry H. Van Aken with him on the brief; Baker Hostetler & Patterson of counsel; DeWitt, Van Aken & Nast, attorneys), for appellant and third-party plaintiff.

Martin Markson of counsel (Louis Waldman and Seymour M. Waldman with him on the brief; Waldman & Waldman, attorneys), for respondents.

PECK, P. J., GLENNON, DORE, COHN and BREITEL, JJ., concur.


Per Curiam.

Plaintiffs and their assignors, members of a union that had a collective bargaining agreement with defendant, employer, bring this action, not through the union but as individuals, for wages claimed to be due them during a period in 1950 when publication of defendant's paper was suspended by reason of a strike of another and different union. Defendant appeals from denial of its motion for summary judgment...

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