Opinion
December 18, 1961
In an action for a permanent injunction against picketing and for money damages, the defendants appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Queens County, entered May 20, 1960, upon the decision of the court after a nonjury trial, as permanently enjoined them from inducing any persons to refuse to make deliveries to plaintiff, from interfering with customers, from continuing present picketing, and from creating the false impression of a labor dispute. Judgment insofar as appealed from affirmed, with costs. No opinion. Beldock, Kleinfeld and Pette, JJ., concur; Nolan, P.J., and Christ, J., concur in affirmance insofar as it holds: (1) that the State court has jurisdiction to determine the issues raised (cf. Lavery's Main St. Grill v. Hotel Restaurant Employees-Bartenders Union Local 288, 146 Conn. 93), and (2) that wrongful or unlawful picketing should be enjoined; but otherwise dissent from the affirmance on the ground that under the circumstances here the injunctive provisions of the judgment are too broad, and vote to modify the judgment so as to permit peaceful picketing for any lawful objective ( Teamsters Union v. Vogt, Inc., 354 U.S. 284; Cafeteria Union v. Angelos, 320 U.S. 293; Pennock Co. v. Ferretti, 283 App. Div. 527).