Opinion
December 24, 1934.
Appeal from Supreme Court of New York County.
Jeremiah T. Mahoney of counsel [ N. Taylor Phillips with him on the brief; Phillips, Mahoney, Leibell Fielding, attorneys], for the appellants.
Melvin A. Albert of counsel [ Milton C. Weisman with him on the brief; Weisman, Quinn, Allan Spett, attorneys], for the respondent.
Present — FINCH, P.J., MERRELL, MARTIN, O'MALLEY and UNTERMYER, JJ.; FINCH, P.J., dissents and votes for modification.
For the reasons stated in Bert Amusement Corp. v. Holmden ( 243 App. Div. 81), decided herewith, the order should be affirmed, with twenty dollars costs and disbursements.
For the reasons stated in the dissenting opinion in Bert Amusement Corp. v. Holmden ( 243 App. Div. 81), decided herewith, the order appealed from should be modified by permitting peaceful picketing by at least two pickets and an immediate trial should be had of the action, and as so modified affirmed.
Order affirmed, with twenty dollars costs and disbursements.