New York Court of Appeals, 1983

Jou-Jou Designs, Inc. v. International Ladies' Garment Workers' Union, Local 23-25

New York Court of Appeals · Decided December 1, 1983 · Jasen

60 N.Y.2d 1011; 459 N.E.2d 861; 471 N.Y.S.2d 568; 1983 N.Y. LEXIS 3601

Cases that cite this one

7 later published cases cite this decision.

Amalgamated Transit Union v. Greyhound Lines, Inc. (Appellate Division of the Supreme Court of New York 1990)
Charter Communications, Inc. v. Local Union No. 3 (Appellate Division of the Supreme Court of New York 2018)
J Squared Software, LLC v. Bernette Knitware Corp. (Appellate Division of the Supreme Court of New York 2008)
Helmsley-Spear, Inc. v. Fishman (Appellate Division of the Supreme Court of New York 2007)
Duane Reade, Inc. v. Local 338 of the Retail (New York Supreme Court 2003)
Duane Reade, Inc. v. Local 338 Retail, Wholesale Dept. Store Union, UFCW, AFL-CIO (New York Supreme Court, New York County 2003)
Wolf Street Supermarkets, Inc. v. McPartland (Appellate Division of the Supreme Court of New York 1985)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

Order affirmed, with costs, for reasons stated in the opinion by Justice Fritz W. Alexander at the Appellate Division (94 AD2d 395).

Concur: Chief Judge Cooke and Judges Jones, Wachtler, Meyer, Simons and Kaye. Judge Jasen concurs in a concurring memorandum.

Concurring Opinion

Jasen, J.

(concurring). While I agree that the complaint should be dismissed because plaintiff has failed effectively to allege illegal activity falling within State court jurisdiction, I hasten to add that in the proper case, even without compliance with section 807 of the Labor Law, the courts of this State may provide compensatory damage relief for violence or threats of violence albeit incident to a labor dispute. The “ ‘[pjolicing of * * * conduct’ which consists of ‘actual or threatened violence to persons or destruction of property,’ is left to the States.” (San Diego Unions v Garmon, 359 US 236, 248, n 6, quoting International Union v Wisconsin Bd., 336 US 245, 253; Automobile Workers v Russell, 356 US 634, 638.)

Order affirmed, etc.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.