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DOOLEY v. ANTON

14 A.D.2d 60 (1961)

Paul C. Dooley, Doing Business as Dooley Provision Company, Appellant, v. Thomas Anton, Individually and as Secretary of Food Stores Local No. 34, Affiliated with Amalgamated Meat Cutters, Butchers and Allied Market Employees of AFL, et al., Respondents

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

June 30, 1961.

Attorney(s) appearing for the Case

Tesseyman, Hartman & Bentley (Donald D. Bentley of counsel), for appellant.

Lipsitz, Green, Fahringer & Fleming (Eugene W. Salisbury of counsel), for respondents.

All concur, except McCLUSKY, J., who dissents and votes for reversal in a separate opinion. Present — WILLIAMS, P. J., BASTOW, GOLDMAN, McCLUSKY and HENRY, JJ.

BASTOW, J.

This appeal presents the question of the right of defendants to seek damages claimed to have been sustained by reason of a temporary injunction restraining them from picketing at plaintiff's place of business. As a condition of granting the temporary restraint plaintiff was required to and did cause a surety company bond in the sum of $6,000 to be executed and filed. Following a trial a permanent injunction...

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