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S-M NEWS CO. v. SIMONS

279 A.D. 364 (1952)

S-M News Company, Inc., Appellant, v. Joseph Simons, as President of The Newspaper and Mail Deliverers' Union of New York and Vicinity, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

February 13, 1952.

Attorney(s) appearing for the Case

J. Bay Robinson of counsel (Forbes D. Shaw and Pincus M. Berkson with him on the brief; Whitman, Ransom, Coulson & Goetz, attorneys), for appellant.

Stephen C. Vladeck of counsel (Vladeck & Elias, attorneys), for respondent.

DORE, J. P., COHN and VAN VOORHIS, JJ., concur; SHIENTAG, J., dissents and votes to affirm "on the ground that the question as to whether or not there was here presented a labor dispute within the meaning of section 876-a of the Civil Practice Act should be determined after a hearing and not on the basis of affidavits".

CALLAHAN, J.

Plaintiff is a national distributor of magazines. In the metropolitan area it operates through local wholesalers or delivery agents, who collect, bundle and truck the magazines to retailers, make collections, check quantities sold, redistribute surpluses and factor the accounts. Defendant is a labor union representing drivers and others employed by the wholesale delivery agents in the city of New...

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