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Feinberg v. Pappas

Appellate Division of the Supreme Court of New York, First Department
Dec 19, 1941
263 App. Div. 812 (N.Y. App. Div. 1941)

Summary

In Feinberg v. Pappas (30 N.Y.S.2d 5, supra) the court held that no labor dispute was involved, and granted a motion to enjoin the defendants from interfering with the plaintiffs' purchase of eggs, where the plaintiffs were seeking to purchase them from the defendant dealers, who refused to sell because of an agreement with the defendant unions that deliveries should be made only by union members, and the plaintiffs did their own carting in their own vehicles, did not hire nonunion trucks or help, and did their own work.

Summary of this case from Singer v. Kirsch Beverages

Opinion

December 19, 1941.

Present — Martin, P.J., O'Malley, Townley, Cohn and Callahan, JJ.


Order unanimously affirmed, without costs, and the case set down at the head of the ready calendar for trial on January 5, 1942. In so disposing of the appeal we are in no way passing upon the merits.


Summaries of

Feinberg v. Pappas

Appellate Division of the Supreme Court of New York, First Department
Dec 19, 1941
263 App. Div. 812 (N.Y. App. Div. 1941)

In Feinberg v. Pappas (30 N.Y.S.2d 5, supra) the court held that no labor dispute was involved, and granted a motion to enjoin the defendants from interfering with the plaintiffs' purchase of eggs, where the plaintiffs were seeking to purchase them from the defendant dealers, who refused to sell because of an agreement with the defendant unions that deliveries should be made only by union members, and the plaintiffs did their own carting in their own vehicles, did not hire nonunion trucks or help, and did their own work.

Summary of this case from Singer v. Kirsch Beverages
Case details for

Feinberg v. Pappas

Case Details

Full title:S. JEROME FEINBERG, Individually and as President of the Retail Egg…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 19, 1941

Citations

263 App. Div. 812 (N.Y. App. Div. 1941)

Citing Cases

Singer v. Kirsch Beverages

Thus it is clear that the first essential for a "labor dispute" is employment. The courts have consistently…