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INCRES S. S. CO. v. INT. MAR. UNION

11 A.D.2d 177 (1960)

Incres Steamship Company, Ltd., Respondent, v. International Maritime Workers Union et al., Appellants

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

July 6, 1960.

Attorney(s) appearing for the Case

H. Howard Ostrin of counsel (Herman E. Cooper and Eugene N. Sosnoff with him on the brief; Cooper, Ostrin & De Varco and Miller & Seeger, attorneys) for appellants.

Breck P. McAllister of counsel (Walter L. Stratton and Philip J. Loree with him on the brief; Donovan Leisure Newton & Irvine, attorneys), for respondent.

VALENTE and McNALLY, JJ., concur with BREITEL, J.; BOTEIN, P. J., dissents and votes to reverse and dismiss the complaint in opinion, in which STEVENS J., concurs.

BREITEL, J.

The question in this case is whether an American labor union may strike a foreign ship engaged in foreign commerce while such ship is in an American port and, if not, whether a State court may enjoin such activity.

After a trial, Special Term granted a permanent injunction. The union has appealed.

Plaintiff is a Liberian corporation, actually owned and controlled by Italian nationals...

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