150 Misc. 575 | N.Y. Sup. Ct. | 1933
The action is brought for injunctive relief alleging a conspiracy on the part of the defendants to ruin plaintiff’s business, good will and trade, and that in pursuit of such conspiracy the defendants have committed acts of unlawful picketing, intimidation and assault upon plaintiff’s employees, and have uttered false and
Finally, the alleged violation of the constitutional rights of third parties, even though some of them be members of the defendant union, although there is no definite allegation of fact in said defense that any of its members are such employees, is not a defense for the defendant union to this action by plaintiff based upon an alleged unlawful conspiracy by the defendant union to ruin its business. It is fundamental that a constitutional question may be raised only by a person whose rights are involved. (Matter of Attorney-General v. Taubenheimer, 178 App. Div. 321, 323.)
Motion granted, with ten dollars costs.