Opinion
Argued October 25, 1983
Decided December 1, 1983
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HENRY R. WILLIAMS, J.
Herman E. Cooper and Barry H. Singer for appellant.
Stanley L. Goodman and Eric B. Chaikin for respondent.
Order affirmed, with costs, for reasons stated in the opinion by Justice FRITZ W. ALEXANDER at the Appellate Division ( 94 A.D.2d 395).
Concur: Chief Judge COOKE and Judges JONES, WACHTLER, MEYER, SIMONS and KAYE, Judge JASEN concurs in a concurring memorandum.
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 "`[p]olicing 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 U.S. 236, 248, n 6, quoting International Union v Wisconsin Bd., 336 U.S. 245, 253; Automobile Workers v Russell, 356 U.S. 634, 638.)
Order affirmed, etc.