JOINT INDUS. BD. v. KAPLAN


66 Misc.2d 427 (1971)

Joint Industry Board of the Painting and Decorating Industry, Plaintiff, v. Martin Kaplan, Doing Business as M & M Painting Co., et al., Defendants.

Civil Court of the City of New York, New York County.

April 22, 1971


Attorney(s) appearing for the Case

Easton & Echtman (Irwin M. Echtman of counsel), for plaintiff.

Schlau & Nadelson. (Philip Schlau of counsel), for defendants.


LEONARD H. SANDLER, J.

In this action to recover $2,000, submitted to the court on stipulated facts, the only issue presented is whether or not the amount sued for constitutes a penalty and is therefore unenforceable as contrary to public policy.

The controversy arises out of certain provisions in a collective bargaining agreement affecting the painting, decorating and paperhanging industry. The plaintiff...

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