240 A.D. 718 | N.Y. App. Div. | 1933
Judgment reversed on the law and the facts, with costs, and complaint dismissed, with costs. We are of opinion that, upon the record before us, the findings that the defendants were attempting to accomplish unlawful purposes or that they were attempting to accomplish lawful purposes by unlawful means are not supported by the evidence. The primary purpose of the defendants was but to induce the employment of union teamsters, chauffeurs and helpers in the transportation of materials and supplies for use in the erection of buildings upon which union men were employed. Loading in the supply yards and unloading at the points of construction are included in the term “ transportation ” and the trial court correctly found that such work was a necessary part of the construction. (Reardon, Inc., v. Caton, 189 App. Div. 501; Bossert v. Dhuy, 221 N. Y. 342; Nat. Protective Assn. v. Cumming, 170 id. 315.) (See, also, Exchange Bakery & Restaurant, Inc., v. Rifkin, 245 N. Y. 260, and