Appellate Division of the Supreme Court of New York, 1978

International Union of Bricklayers & Allied Craftsmen Local Union No. 44 v. Construction Employers of the Hudson Valley, Inc.

International Union of Bricklayers & Allied Craftsmen Local Union No. 44 v. Construction Employers of the Hudson Valley, Inc.
Appellate Division of the Supreme Court of New York · Decided February 14, 1978
61 A.D.2d 808; 402 N.Y.S.2d 37; 1978 N.Y. App. Div. LEXIS 10249
International Union of Bricklayers & Allied Craftsmen Local Union No. 44 v. Construction Employers of the Hudson Valley, Inc.

Opinion of the Court

an action to recover damages predicated upon defendants’ alleged interference with certain collective bargaining agreements, the appeal is from an order of the Supreme Court, Dutchess County, dated June 27, 1977, which denied defendants’ motion to dismiss the complaint. Order affirmed, with $50 costs and disbursements. Whether the nonmember contracts were illegal, as claimed by defendants, cannot be determined from a mere reading of the complaint. Proof in that regard is required. Accordingly, liberally construed, the complaint is sufficient as a pleading. Titone, J. P., Rabin, Shapiro and Cohalan, JJ., concur.

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