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Appellate Division of the Supreme Court of New York, 1955

Midland Windsor, Inc. v. New York State Labor Relations Board

Midland Windsor, Inc. v. New York State Labor Relations Board
Appellate Division of the Supreme Court of New York · Decided October 31, 1955
286 A.D. 1038; 145 N.Y.S.2d 410; 37 L.R.R.M. (BNA) 2025; 1955 N.Y. App. Div. LEXIS 5093
Midland Windsor, Inc. v. New York State Labor Relations Board

Opinion of the Court

*1039Schmidt, Beldoek, Murphy and Ughetta, JJ., concur; Wenzel, Acting P. J., dissents and votes to affirm without modification, with the following memorandum: Respondent was under no duty to employ Robertson, Berg and Jordan. No relationship of employer and employee ever existed between respondent and them and so there could be no discharge. No application by any of these men for employment was shown and so there could be no refusal to employ for any reason. Settle order on notice.

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