Appellate Division of the Supreme Court of New York, 1934

Rosekay Amusement Corp. v. Holmden

Appellate Division of the Supreme Court of New York · Decided December 24, 1934 · Finch

243 A.D. 82; 276 N.Y.S. 238; 1934 N.Y. App. Div. LEXIS 5491

Counsel

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.

Opinion of the Court

Per Curiam.

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.

Present — Finch, P. J., Merrell, Martin, O’Malley and Untermyer, JJ.; Finch, P. J., dissents and votes for modification.

Dissenting Opinion

Finch, P. J.

(dissenting in part). 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.