76

Order to Show Cause of May 19, 1958 SUPREME COURT OF THE STATE OF

NEW YORK

77

Upon the verified complaint herein, and the affidavit of Sidney Posner, sworn to the 14th day of May, 1958, let the defendants and each of them, or its or his attorney, show cause at a Special Term, Part III of this Court, to be held in and for the County of New York, at the County Court House, 60 Centre Street, in the Borough of Manhattan, City of New York, on the 23rd day of May, 1958, at 10 o'clock in the forenoon of that day, or as soon thereafter as counsel can be heard, why an order should not be made herein restraining the defendants and each of them, their agents, attorneys and servants, during the pendency of this action, from:

(a) Directly or indirectly invoking any strike action and picketing of the premises at 56th Street and 55th Drive, Maspeth, in the County of Queens, City of New York.

(b) Causing or permitting their servants, agents or employees or those in active concert or participation with them to picket in the vicinity of the plaintiff's customer, Austin, Nichols & Co., or any other customer of the plaintiff in the

78

Order to Show Cause of May 19, 1958

Borough of Queens or Borough of Brooklyn, City 79 of New York, and from causing and permitting the carrying of signs and banners with legends thereon to the effect that Local 32-J Building Service Employees International Union is on strike or is conducting a strike against the plaintiff or against the plaintiff's customers in the Borough of Queens or Borough of Brooklyn, City of New York.

(c) Causing or permitting their servants, agents or employees or those in active concert or participation with them to picket in the vicin- 80 ity of the plaintiff's customer, Austin, Nichols & Co., or any other customer of the plaintiff in the Borough of Queens or Borough of Brooklyn, City of New York, and from causing and permitting the carrying of signs and banners with legends thereon to the effect that Local 32-K Building Service Employees International Union is on strike or is conducting a strike against the plaintiff or against the plaintiff's customers in the Borough of Queens or Borough of Brooklyn, City of New York.

81 (d) Causing or permitting their servants, agents or employees or those in active concert or participation with them to picket in the vicinity of the plaintiff's customer, Austin, Nichols & Co., or any other customer of the plaintiff in the Borough of Queens or Borough of Brooklyn, City of New York, and from causing and permitting the carrying of signs and banners with legends thereon to the effect that Building Service Employees International Union is on strike

Order to Show Cause of May 19, 1958 82 or is conducting a strike against the plaintiff or

against the plaintiff's customers in the Borough of Queens or Borough of Brooklyn, City of New York.

(e) Causing or permitting their servants, agents or employees or those in active concert or participation with them to picket in the vicinity of the plaintiff's place of business, 100 Gold Street, in the Borough of Manhattan, City of New York, and from causing and permitting the

carrying of signs and banners with legends 83 thereon to the effect that Local 32-J Building

Service Employees International Union AFLCIO is on strike or is conducting a strike against the plaintiff or against the plaintiff's customers in the Borough of Queens or Borough of Brooklyn, City of New York.

(f) Causing or permitting their servants, agents or employees or those in active concert or participation with them to picket in the vicinity of the plaintiff's place of business, 100 Gold Street, in the Borough of Manhattan, City of

New York, and from causing and permitting the 84

carrying of signs and banners with legends thereon to the effect that Local 32-K Building Service Employees International Union is on strike or is conducting a strike against the plaintiff or against the plaintiff's customers in the Borough of Queens or Borough of Brooklyn, City of New York.

(g) Causing or permitting their servants, agents or employees or those in active concert

Order to Show Cause of May 19, 1958

or participation with them to picket in the vicin- 85 ity of the plaintiff's place of business, 100 Gold Street, in the Borough of Manhattan, City of New York, and from causing and permitting the carrying of signs and banners with legends thereon to the effect that Building Service Employees International Union is on strike or is conducting a strike against the plaintiff or against the plaintiff's customers in the Borough of Queens or Borough of Brooklyn, City of New York.

(h) In any wise, directly or indirectly, breach- 86 ing the contract mentioned and described in the complaint, which contract was entered into by the plaintiff and the defendant, Local 32-K Building Service Employees International Union.

(i) Causing or permitting or allowing any of its agents, servants, employees, or those in active concert or participation with them, to distribute or to disseminate any literature which purports to state that the Building Service Employees International Union is on strike in any of the plaintiff's customers' places of business.

87 (j) Causing or permitting or allowing any of their agents, servants, employees or those in active concert or participation with them to interfere in any manner, directly or indirectly, with any of the employees of the plaintiff, both present and future.

(k) Causing or permitting or allowing any of their agents, servants, employees, or those in active concert or participation with them, to in

Order to Show Cause of May 19, 1958

88 terfere in any manner, directly or indirectly,

with the officers, directors, stockholders or employees of any of the plaintiff's customers.

(1) Causing or permitting or allowing any of them or their agents, servants, or employees, respectively, or those in active concert or participation with them, or any of them, to perpetrate or effectuate any scheme or conspiracy among themselves or with others, for the purpose of hindering and interfering with, or pre

venting any person or persons in the employ 89 of the plaintiff from entering or continuing in

the employ of the plaintiff.

(m) Causing or permitting or allowing any of them or their agents, servants, employees, respectively, or those in active concert or participation with them, to do such other and different acts which will tend to destroy or harm the plaintiff's property and the good will of its busi

ness.

(n) Injuring or interfering with or conspir

ing to injure and interfere with the business, 90 property or rights of the plaintiff, or of the

customers of the plaintiff.

(0) Threatening, intimidating, molesting and interfering with, annoying, harassing, insulting and reviling any of the customers or patrons of the plaintiff.

(p) From making, using, publishing or communicating any false or misleading statement, oral, printed or written, about the plaintiff or about the plaintiff's business.