61 A.D.2d 748 | N.Y. App. Div. | 1978
Supreme Court, New York County, entered September 9, 1977, granting plaintiffs motion for summary judgment and denying defendant’s cross motion for summary judgment, unanimously reversed, on the law, plaintiffs motion for summary judgment denied, and defendant’s cross motion for summary judgment granted, without costs or disbursements. We direct that, in the interest of justice, the granting of summary judgment be on behalf of all defendants. Frank F. Arnold and Daniel French were both candidates for the position of business representative of the Paperhangers Local No. 490 which was affiliated with District Council No. 9, International Brotherhood of Painters & Allied Trades. The election was scheduled for June 26, 1976 and no challenge was made to the eligibility of French until the eve of the election. Arnold obtained a stay of the election in the United States District Court for the Southern District of New York. On November 15, 1976, the stay was dissolved and the complaint dismissed for lack of Federal subject-matter jurisdiction. The election was then scheduled for January 10, 1977. Preliminary injunctive relief was then sought in New York State Supreme Court, which was denied. The complaint upon which the request for injunctive relief was based was not dismissed. The election was held and French won. After internal union protests failed, Arnold moved at Special Term for summary judgment in his favor and the International cross-moved for summary judgment. Special Term granted Arnold’s motion. We would reverse and grant summary judgment to the Interna
