Opinion
Argued April 12, 1945
Decided October 25, 1945
Appeal from the Supreme Court, Appellate Division, Third Department, FOSTER, J.
Edmond B. Butler, Raymond D. O'Connell, Edward T. Galloway, John M. Cashin and Arthur B. Ewig for International Hod Carriers', Building and Common Laborers' Union of America, appellant. Moses Polakoff for James Bove, individually and as vice-president of International Hod Carriers', Building and Common Laborers' Union of America, appellant.
Hyman N. Glickstein, Charles De La Vergne and Francis Martocci for respondents.
The limited injunction here granted against defendant International Union was appropriate and valid as a procedural device for furnishing adequate protection to plaintiffs. We affirm the judgment, as against defendant International Union, on that sole ground. So doing, we find it unnecessary to pass, and do not in any way pass, on the correctness of any of the findings of fact or conclusions of law which purport to decide, or imply, that defendant International Union, or its members (other than its International officers) are responsible or liable for any of the wrongs committed against plaintiffs by the other defendants.
The judgment should be affirmed, with costs.
LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER and DYE, JJ., concur; LEHMAN, Ch. J., deceased.
Judgment affirmed.