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HEARN DEPT. STORES v. LIVINGSTON

282 A.D. 480 (1953)

Hearn Department Stores, Inc., Appellant-Respondent, v. David Livingston et al., Individually and as Officers of Department Store Employees Local Union No. 1250 (Ind.), et al., Respondents-Appellants Hearn Department Stores, Inc., Appellant-Respondent, v. David Livingston et al., Individually and as Officers of Department Store Employees Local Union No. 1250 (Ind.), et al., Respondents-Appellants

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

October 6, 1953.

Attorney(s) appearing for the Case

Selig J. Levitan of counsel (Mae T. Korn with him on the brief; Javits, Levitan & Held, attorneys), for appellant-respondent.

Milton C. Weisman of counsel (Irving Rozen, Isadore Katz and David Jaffe with him on the brief; Weisman, Allan, Spett & Sheinberg, attorneys), for respondents-appellants.

Herman A. Gray, counsel to the New York State CIO Council, amicus curiæ, in support of respondents-appellants.

Herman E. Cooper of counsel (H. Howard Ostrin and Eugene N. Sosnoff with him on the brief; Herman E. Cooper, attorney), for New York City CIO Council, amicus curiæ, in support of respondents-appellants.

Leonard Rovins, attorney for National Retail Dry Goods Association, amicus curiæ, in support of appellant-respondent.

GLENNON, J. P., DORE, COHN, CALLAHAN and BOTEIN, JJ., concur.

Per Curiam.

The Special Term has found after a hearing that a labor dispute within the purview of section 876-a of the Civil Practice Act is involved. The court stated that in view of the fact that it was not possible to identify the employees allegedly involved in illegal activities it could not then decide whether employees of plaintiff who had engaged in a sit-down strike on May 13, 1953, were mere strangers or whether...

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