JOU-JOU INC. v. INT. UNION


94 A.D.2d 395 (1983)

Jou-Jou Designs, Inc., Respondent, v. International Ladies' Garment Workers' Union, Local 23-25, Appellant

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

June 30, 1983


Attorney(s) appearing for the Case

Eric B. Chaikin of counsel (Chaikin & Chaikin, attorneys), for appellant.

Herman E. Cooper of counsel (Jonathan L. Sulds with him on the brief; Herman E. Cooper, P. C., attorney), for respondent.

SANDLER, SULLIVAN and ROSS, JJ., concur with ALEXANDER, J.; KUPFERMAN, J. P., dissents in part in an opinion.


ALEXANDER, J.

Local 23-25 of the International Ladies' Garment Workers' Union (hereinafter Local 23-25) appeals from an order of Special Term (HENRY R. WILLIAMS, J.), which denied its motion to dismiss the within complaint for lack of subject matter jurisdiction by reason of Federal pre-emption of this "labor dispute" and failure to state a "labor dispute" cause of action cognizable under section 807 of the New York State Labor Law.

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