From Casetext: Smarter Legal Research

Dimarsico v. Davis

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 16, 1976
51 A.D.2d 681 (N.Y. App. Div. 1976)

Opinion

January 16, 1976

Appeal from the Monroe Supreme Court.

Present — Moule, J.P., Cardamone, Mahoney, Goldman and Witmer, JJ.


Order unanimously modified in accordance with memorandum and as modified affirmed, without costs. Memorandum: The evidence adduced at the hearing and reasonable conclusions to be drawn therefrom amply sustain the trial court's determination required under section 807 (subd 1, par [e]) of the Labor Law that the police authorities were unable to furnish adequate protection during the past picketing activities, and, that plaintiff-employer had made every reasonable effort, as required under subdivision 4 of section 807 Lab. of the Labor Law, to settle the parties' dispute by negotiations and mediation, there being no contractual or statutory requirement for arbitration. While reasonable men may differ in conclusions to be drawn from a given factual presentation, the trial court's findings cannot be said to constitute a "manifest abuse" warranting appellate interference (Remington Rand v Crofoot, 248 App. Div. 356, 360-361). Despite the trial court's failure to make a specific finding as to the number of individuals enjoined, for the purpose of determining the amount of the undertaking here required, the record indicates that the maximum number of 120 pickets precipitated this application. The trial court made provision for 41 pickets. This restrained more than 75 persons from picketing. Therefore, the $2,000 undertaking does not satisfy the statutory formula contained in subdivision 3 of section 807 Lab. of the Labor Law. The amount of the undertaking is, therefore, increased to $3,000.


Summaries of

Dimarsico v. Davis

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 16, 1976
51 A.D.2d 681 (N.Y. App. Div. 1976)
Case details for

Dimarsico v. Davis

Case Details

Full title:FRANK P. DIMARSICO et al., Doing Business as LAKESHORE NURSING HOME…

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

Date published: Jan 16, 1976

Citations

51 A.D.2d 681 (N.Y. App. Div. 1976)