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KRAUS & BROS. v. BERGMAN

2 N.Y.2d 155 (1956)

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

Court of Appeals of the State of New York.

Decided November 30, 1956.

Attorney(s) appearing for the Case

Morris Bauman for appellants.

Frederic S. Berman for respondent.

CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL and BURKE, JJ., concur in Per Curiam opinion; VAN VOORHIS, J., dissents and votes to affirm.

Per Curiam.

The judgment appealed from should be reversed for, whether or not this be an action in equity involving a "labor dispute" and requiring findings of fact under section 876-a (subd. 1, par. [b]) of the Civil Practice Act, there is neither proof nor finding of damage caused by the picketing (see Kane v. Walsh, 295 N.Y. 198; Wood v. O'Grady, 307 N.Y. 532). However...

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