DUANE READE INC. v. LOCAL 338, RETAIL, WHOLESALE, DEPARTMENT STORE UNION, UFCW, AFL-CIO


11 A.D.3d 406 (2004)

784 N.Y.S.2d 505

DUANE READE INC., Respondent, v. LOCAL 338, RETAIL, WHOLESALE, DEPARTMENT STORE UNION, UFCW, AFL-CIO, et al., Appellants.

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

October 28, 2004.


The preliminary injunction, barring defendants' representatives from entering plaintiff's premises to solicit votes in favor of union affiliation, was granted on May 28, 2003, to be effective only until the close of polls at noon the following day. (Plaintiff's employees voted in favor of union affiliation on May 29.) Defendants' challenge to the court's ruling has thus been rendered moot. Discretion to review a case otherwise subject to the mootness doctrine exists only...

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