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STORK REST. v. FERNANDEZ

8 A.D.2d 38 (1959)

Stork Restaurant, Inc., Respondent, v. Louis Fernandez, as President of Chefs, Cooks, Pastry Cooks and Assistants, Local 89, Hotel and Restaurant Employees Union, AFL-CIO, et al., Appellants

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

May 4, 1959.

Attorney(s) appearing for the Case

Jerome B. Lurie of counsel (Sidney E. Cohn, Benjamin D. Stein and Sol Bogen with him on the brief; Boudin, Cohn & Glickstein, attorneys; Pinto & Stein, attorneys), for appellants.

Maurice N. Nessen of counsel (Franken, Kramer, Bam & Nessen, attorneys), for respondent.

BREITEL, J. P., RABIN, M. M. FRANK and VALENTE, JJ., concur.

STEVENS, J.

This is an appeal from an order dated and entered April 1, 1959, which granted plaintiff's motion for a temporary injunction and denied defendants' cross motion to dismiss the complaint pursuant to subdivisions 1 and 3 of rule 107 of the Rules of Civil Practice, on the ground (1) that the court had no jurisdiction of the subject of the action, and (2) that there is another action pending between the...

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