Summary
In Columbia Broadcasting System v. McDonough (8 A.D.2d 695), the memorandum decision states: "Order unanimously reversed on the law, the temporary injunction vacated, and the motion for temporary injunction denied, with costs to the appellants.
Summary of this case from Katz v. Int. Garment Workers UnionOpinion
May 4, 1959
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.