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KRAUS & BROS. v. BERGMAN

285 A.D. 615 (1955)

M. Kraus & Bros., Inc., Respondent, v. William Bergman, as President of Manhattan Window Cleaners Union, an Unincorporated Association, et al., Appellants

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

April 12, 1955.

Attorney(s) appearing for the Case

Morris Bauman of counsel (Rauch & Bauman, attorneys), for appellants.

Frederic S. Berman of counsel (Berman & Berman, attorneys), for respondent.

PECK, P. J., COHN and CALLAHAN, JJ., concur in Per Curiam opinion; BASTOW, J., dissents and votes to reverse and grant a new trial, in opinion in which BREITEL, J., concurs.

Per Curiam.

Plaintiff, engaged in the wholesale meat business in New York City, employs approximately thirty people, all of whom were represented solely by the Butchers Workmen Union pursuant to a collective bargaining agreement between that union and plaintiff.

For some twenty years prior to September, 1952, plaintiff had utilized the services of one Philip Katz, doing business as Western Union Cleaning, to do its window cleaning on a month

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