BARCLAY'S v. LOCAL NO. 757


41 N.Y.2d 269 (1977)

Barclay's Ice Cream Co., Ltd., Respondent, v. Local No. 757 of the Ice Cream Drivers and Employees Union et al., Appellants.

Court of Appeals of the State of New York.

Decided February 10, 1977.


Attorney(s) appearing for the Case

Stanley M. Berman, New York City, for appellant.

Jay Goldberg, New York City, for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, WACHTLER, FUCHSBERG and COOKE concur.


JONES, J.

We reject the proposition that under the doctrine of pre-emption our State courts must defer in this case to the exclusive competence of the National Labor Relations Board and thus are powerless to protect against the unlawful coercive activity designed by this union to erect an embargo on the flow of out-of-State goods into New York.

The Appellate Division reversed the order of Special Term...

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