MATTER OF DEVERY, 292 N.Y. 596 (1944)

55 N.E.2d 370

In the Matter of WILLIAM DEVERY, as President of Truck Drivers and Chauffeurs Local Union No. 807, Respondent. TRUCK DRIVERS AND CHAUFFEURS LOCAL UNION NO. 807, Respondent; DANIELS KENNEDY, INC., Appellant.

Court of Appeals of the State of New York.Argued February 24, 1944
Decided April 6, 1944

Appeal from the Supreme Court, Appellate Division, First Department, HOFSTADTER, J.

Page 597

William B. O’Connor for appellant.

Samuel J. Cohen for petitioner-respondent.

Judgment affirmed, with costs; no opinion.

Concur: LEHMAN, Ch. J., LOUGHRAN, LEWIS and DESMOND, JJ. RIPPEY, CONWAY and THACHER, JJ., dissent on the ground that the question submitted to arbitration was the obligation of the employer to continue Cody as a truck driver and that it did not embrace the question whether Cody should be continued in employment in any capacity compatible with his physical condition, whereby he might earn at least a union helper’s rate of pay.

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