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WINDSOR DINER, INC. v. DALLES

2 A.D.2d 759 (1956)

Windsor Diner, Inc., Respondent, v. Harry Dalles, Individually and as President of Cooks, Countermen, Soda Dispensers, Food Checkers, Cashiers and Assistants Union, A. F. of L., Local No. 325, et al., Appellants

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

July 2, 1956

Order affirmed, with $50 costs and disbursements.

No opinion.

Beldock, J., dissents and votes to reverse the order and to remit the application to Special Term for further proceedings as indicated herein, with the following memorandum:

On April 18, 1956 respondent, not yet having opened its place of business and having no employees (or perhaps one or two), although knowing that it required approximately 15 employees to run its business...

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