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WOOD v. O'GRADY

307 N.Y. 532 (1954)

Sydney J. Wood, Doing Business under the Name of 53rd Street Subway Liquor Store, Respondent, v. John M. O'Grady, Individually and as President of Wine and Liquor Store Employees Union, Local 122, A. F. of L., et al., Appellants.

Court of Appeals of the State of New York.

Decided October 22, 1954

Attorney(s) appearing for the Case

Jacob Friedberg for appellants.

Wilbur Daniels and Morris P. Glushien for New York State Federation of Labor, amicus curiæ, in support of appellants' position.

Julius Kass, Maurice H. Goetz, Martin P. Dillon and Clifford D. Reznicek for respondent.

DESMOND, J., concurs with DYE, J., in a separate opinion; FROESSEL, J., concurs with DYE, J.; FULD, J., concurs for reversal in a separate opinion; VAN VOORHIS, J., dissents in an opinion in which LEWIS, Ch. J., and CONWAY, J., concur.

DYE, J.

In this appeal we deal with the propriety of an injunction issued by the court below to restrain peaceful organizational picketing because such picketing included "an unlawful objective * * * by exerting economic pressure".

Section 876-a of the Civil Practice Act (L. 1935, ch. 477) declares, as a matter of State policy, that injunctions may not issue "in any case involving or growing out of a labor dispute...

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