Burns Jackson Miller Summit & Spitzer, Individually and on Behalf of All Others Similarly Situated, Appellant,
v.
William Lindner et al., Respondents. (Action No. 1.)
Jackson, Lewis, Schnitzler & Krupman, Appellant,
v.
Local 100, Transport Workers Union of America, et al., Respondents. (Action No. 2.)
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued April 26, 1983.
Decided June 16, 1983.
Attorney(s) appearing for the Case
Stuart A. Summit, Guy R. Fairstein and Richard A. Zansitis for appellant in the first above-entitled action.
Stephen D. Hans, Alan E. Wolin and Leonard B. Isaacs for Amalgamated Transit Union, Local 1056, respondent in the first above-entitled action.
Joseph T. Gatti and Paul G. Reilly, Jr., for Amalgamated Transit Union, AFL-CIO, and another, respondents in the first above-entitled action.
James Reif for Amalgamated Transit Union Division 726, AFL-CIO, respondent in the first above-entitled action.
Andrew A. Peterson and Anthony H. Atlas for appellant in the second above-entitled action.
Asher W. Schwartz, Malcolm A. Goldstein, Julia Penny Clark and Michael H. Gottesman for Local 100, Transport Workers Union of America, respondent in the second above-entitled action.
John G. Collins for Mid-Atlantic Legal Foundation, Inc., and others, amici curiae.
Roger Boyle for The Legal Foundation of America, amicus curiae.
Beverly Gross and William H. Frappollo for Municipal Labor Committee, amicus curiae.
Judges JASEN, JONES, WACHTLER and SIMONS concur with Judge MEYER; Chief Judge COOKE concurs in result in a concurring memorandum.
Court of Appeals of the State of New York.
MEYER, J.
The Taylor Law proscription against strikes by public employees neither preempts the right of persons injured by an unlawful strike to sue for damages nor provides a private right to sue for violation of its provisions. The causes of action pleaded by plaintiffs are, however, either not recognized under New York law or as pleaded do not sufficiently state a cause of action. The order of the Appellate...
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