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ROCHETTE & PARZINI CORP. v. CAMPO

301 N.Y. 228 (1950)

Rochette & Parzini Corp., Appellant, v. Joseph Campo, Individually and as President of Architectural Sculptors' and Carvers' Association, et al., Respondents.

Court of Appeals of the State of New York.

Decided July 11, 1950

Attorney(s) appearing for the Case

Sidney O. Raphael, Francis X. Conlon and Herbert Lasky for appellant.

Herbert S. Thatcher and Arthur R. Hohmann for respondents.

LEWIS, CONWAY, DYE and FULD, JJ., concur with LOUGHRAN, Ch. J.; DESMOND, J., dissents in opinion in which FROESSEL, J., concurs.

LOUGHRAN, Ch. J.

The action is one for an injunction. The defendant union is a voluntary unincorporated association. It is sued in the name of its president pursuant to section 13 of the General Associations Law and is now the only party defendant. The plaintiff, a domestic corporation, is the appellant here. No "labor dispute" is involved. (See Opera on Tour, Inc., v. Weber, 285 N.Y. 348, 357.) For the...

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