284 N.Y. 749 | NY | 1940
Lead Opinion
Judgment affirmed, with costs, on the authority of Matter ofMetropolitan Life Ins. Co. v. New York State Labor RelationsBoard (
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY and SEARS, JJ.; LEWIS, J., dissents in the following memorandum in which CONWAY, J., concurs:
Dissenting Opinion
I dissent and vote for a trial of the issues tendered by the pleadings as to whether the provisions of the New York State Labor Relations Law (Labor Law; Cons. Laws, ch. 31) are applicable to, and give to the defendant Labor Relations Board jurisdiction over, the plaintiff, to which has been accorded by law the power to act as a trustee and to perform those other functions peculiar to a bank. A majority of the court rests the decision in the case at bar upon the ruling in Matter ofMetropolitan Life Ins. Co. v. New York State Labor RelationsBoard (