New York Court of Appeals

Stillwell Theatre, Inc., Respondent v. Sam Kaplan, as President of the International Alliance of Theatrical Stage…

July 19, 1932259 N.Y. 405

Summary

The New York Court of Appeals reversed the lower courts and dismissed the injunctions enjoining Local 306's peaceful picketing, holding that such picketing, even if intended to induce a breach of a fixed‑term labor contract, is not unlawful absent violence, deceit, or misrepresentation. The court emphasized that New York law does not follow the Hitchman doctrine and that courts should not restrain lawful economic persuasion by unions. Justice O'Brien dissented, arguing that the injunction should be upheld to protect the employer's contractual rights.