Appellate Division of the Supreme Court of New York, 1959

Columbia Broadcasting System, Inc. v. McDonough

Columbia Broadcasting System, Inc. v. McDonough
Appellate Division of the Supreme Court of New York · Decided May 4, 1959
8 A.D.2d 695; 185 N.Y.S.2d 46; 1959 N.Y. App. Div. LEXIS 8803
Columbia Broadcasting System, Inc. v. McDonough

Opinion of the Court

Order unanimously reversed on the law, the temporary injunction vacated, and the motion for temporary injunction denied, with costs to the appellants. Where, as here, there is an arguable question of jurisdiction, determination in the first instance must be left to the National Labor Relations Board and the State courts are not primary tribunals to adjudicate such issue. (San Diego Unions v. Garmon, 359 U. S. 236.) Concur — 'Botein, P. J., Rabin, Valente, McNally and Stevens, JJ.

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