PLEASANT VAL. PACKING CO. v. TALARICO


5 N.Y.2d 40 (1958)

Pleasant Valley Packing Company, Inc., Appellant, v. Samuel J. Talarico, Individually and as President of the Amalgamated Meatcutters, Butchers Workmen and Affiliated Crafts of North America, District Union, Local No. 1, AFL-CIO, et al., Respondents.

Court of Appeals of the State of New York.

Decided June 25, 1958.


Attorney(s) appearing for the Case

Warner M. Bouck and William D. Ferguson for appellant.

Samuel Bader for respondents.

Judges FROESSEL, VAN VOORHIS and BURKE concur with Chief Judge CONWAY; Judges DESMOND and FULD dissent in separate opinions, each concurring in the other's, and Judge DYE concurring in both.


Chief Judge CONWAY.

The sole question here presented is whether Special Term possessed the power to grant plaintiff's motion for a temporary injunction enjoining picketing and related activities by the defendants. The Appellate Division, while affirming Special Term's findings of fact, has held, as a matter of law, that the Special Term had no such power.

The facts, as affirmed, are these: Plaintiff is...

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