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HELMSLEY-SPEAR, INC. v. FISHMAN

39 A.D.3d 361 (2007)

833 N.Y.S.2d 491

HELMSLEY-SPEAR, INC., et al., Respondents, v. MICHAEL FISHMAN, as President of SEIU, Local 32B-32J, AFL-CIO, et al., Appellants.

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

Decided April 19, 2007.

This action to restrain conduct of loud drumming to publicize defendant union's handbilling activities is preempted by federal labor law (see Machinists v Wisconsin Employment Relations Comm'n, 427 U.S. 132 [1976]; Wolf St. Supermarkets v McPartland, 108 A.D.2d 25 [1985], lv dismissed 68 N.Y.2d 833 [1986]; Jou-Jou Designs v International Ladies'...

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