Opinion
July 5, 1967
Appeal from an order of the Supreme Court, Nassau County, dated March 28, 1967, which granted plaintiff's motion for a temporary injunction, without a hearing, restraining defendant from any organizational picketing so long as the husband of plaintiff's sole officer and stockholder is plaintiff's sole employee. Order reversed, without costs, and motion remitted to the Special Term for the purpose of holding a hearing and for further proceedings in accordance with section 807 Lab. of the Labor Law. Organizational picketing for a lawful labor objective may not be restrained in the absence of compliance with the provisions of section 807 Lab. of the Labor Law. It is conceded that the provisions of the statute were not adhered to in the issuance of the temporary injunction. Organizational picketing is not unlawful where it is conducted with reasonable connection to protection from any labor abuses or conditions of employment in an industry ( Wood v. O'Grady, 307 N.Y. 532). It cannot be said that a labor dispute does not exist where a corporation has employees, even though the employees are stockholders and officers of the corporation ( Boro Park Sanitary Live Poultry Market v. Heller, 280 N.Y. 481; Angelos v. Mesevich, 292 N.Y. 681; cf. Thompson v. Bockhout, 273 N.Y. 390). Brennan, Hopkins and Nolan, JJ., concur; Christ, Acting P.J., and Rabin, J., dissent and vote to affirm the order.