KOMINSKI v. WESTERN EXPRESS CO.


37 Misc.2d 992 (1962)

Nicholas Kominski, Plaintiff, v. Western Express Co., Defendant.

Supreme Court, Onondaga County.

December 4, 1962


Attorney(s) appearing for the Case

Hancock, Dorr, Ryan & Shove (M. Harold Dwyer of counsel), for defendant. Murray M. Schwartz for plaintiff.


J. ROBERT LYNCH, J.

The defendant moves for an order dismissing the complaint pursuant to subdivision 1 of rule 107 of the Rules of Civil Practice upon the ground that the court has no jurisdiction of the subject matter of the action.

Briefly put, it is the plaintiff's complaint: that he was employed as a dockman, with favorable seniority, by the defendant; that in conjunction with his employment he was the steward of the Teamsters' Union local...

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