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TINERVIA v. VILLANO

286 A.D. 818 (1955)

Peter Tinervia et al., Doing Business as Industrial Waste Disposal, Appellants, v. Carmine Villano, Individually and as President of Private Sanitation Union Local 813, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL, et al., Respondents, et al., Defendants

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

June 21, 1955.

Judgment appealed from affirmed.

COHN, J. P. (dissenting).

Plaintiff Salvatore Tinervia has been engaged in the waste disposal business since 1917. He operates a small business with only one truck and has in his employ one son, the other plaintiff, Peter. Plaintiffs have been conducting their business as a private sanitation service under the name Industrial Waste Disposal since 1947. Though self-employed, they joined defendant union in 1940,...

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