New York Supreme Court May 10, 1968 (Cheyne v. Ferro)

Richard J. Cardamone, J.

The defendants move to dismiss plaintiffs’ complaint pursuant to CPLR 3211 upon the grounds that the complaint fails to state a cause of action and that this court has no jurisdiction of the subject matter since the same is pre-empted by the National Labor Relations Board.

The plaintiffs are engaged in the business of wholesale beer and soft drinks distribution.