Court of Appeals of New York

In a nuisance action brought by managers of the Empire State Building against a union that was loudly picketing and drumming outside the property, the private nuisance cause of action is not preempted by the National Labor Relations Act (NLRA), as loud drumming is not an "integral part of the legislative scheme" of the NLRA. Matter remanded for consideration of issues raised but not determined.

Appellate Information

• Decided 11/24/2008
• Published 11/24/2008

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Court

• Court of Appeals of New York

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