Opinion
Argued May 22, 1952
Decided July 15, 1952
Appeal from the Supreme Court, Appellate Division, Second Department, FENNELLY, J.
Seymour W. Miller, Louis B. Heller, Harry Heller and Max M. Bernstein for appellants.
William G. Symmers and David H. Batchelder, Jr., for respondents.
Judgment affirmed, with costs; no opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, DYE, FULD and FROESSEL, JJ.
I dissent and vote to reverse and to dismiss the complaint, for these reasons: This picketing may have been unfair and ill-advised, but it was not disorderly or untruthful, it violated no statute or declared public policy, and it was of a kind that has been expressly held, on many occasions, not to be subject to injunction ( Stillwell Theatre v. Kaplan, 259 N.Y. 405, 412; Edjomac Amusement Corp. v. Empire State Motion Picture Operators' Union, 273 N.Y. 647; see Dinny Robbins v. Davis, 290 N.Y. 101). However much we, as individuals, may deplore the conduct complained of, we cannot make an ad hoc declaration of new public policy to prohibit it ( Glaser v. Glaser, 276 N.Y. 296, 302; Matter of Rhinelander, 290 N.Y. 31, 36). Not sitting: CONWAY, J.