Opinion
March 4, 1940.
From an order denying the plaintiffs' motion for an injunction pendente lite to restrain the defendants from picketing the plaintiffs' place of business, and granting a cross-motion by the defendants to dismiss the plaintiffs' complaint, the plaintiffs appeal. Order affirmed, with ten dollars costs and disbursements, with leave to plaintiffs to serve an amended complaint within ten days from the entry of the order hereon. ( Stuhmer Co. v. Korman, 252 App. Div. 878; Lauf v. E.G. Shinner Co., 303 U.S. 323.) Certain of the statements used by those picketing the plaintiffs' premises were manifestly false, and in a proper action might be restrained. Lazansky, P.J. Carswell, Johnston, Adel and Close, JJ., concur. [ 173 Misc. 521.]