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HELMSLEY-SPEAR, INC. v. FISHMAN

11 N.Y.3d 470 (2008)

HELMSLEY-SPEAR, INC., et al., Appellants, v. MICHAEL FISHMAN, as President of SEIU Local 32B-32J, AFL-CIO, et al., Respondents.

Court of Appeals of the State of New York.

Decided November 24, 2008.

Attorney(s) appearing for the Case

McCarter & English, LLP, New York City (Peter D. Stergios, Patrick M. Collins and Aimée Sato of counsel), for appellants.

Levy Ratner, P.C., New York City (Andrew L. Strom, Daniel Engelstein and Dana Lossia of counsel), for respondents.

Before: Chief Judge KAYE and Judges SMITH and JONES concur with Judge PIGOTT; Judge READ dissents in a separate opinion in which Judge GRAFFEO concurs; Judge CIPARICK taking no part.

OPINION OF THE COURT

PIGOTT, J.

The issue on this appeal is whether plaintiffs' private nuisance cause of action is preempted by the National Labor Relations Act (NLRA). We hold that it is not.

I.

Plaintiff Helmsley-Spear, Inc., managing agent of the Empire State Building (ESB),* retained Copstat Security, LLC, a private security firm, to provide security services...

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