PEOPLE v. MASIELLO

While the affidavits dispute certain incidents of the relationship between newsdealers and newspaper publishers, and the dispute may be regarded as a triable issue and open to proof that the newsdealers are "workingmen" within section 340 Gen. Bus. of the General Business Law and within the holdings in People v. Gassman ( 295 N.Y. 254) and Board v. Hearst Publications, ( 322 U.S. 111), we think the injunction pendente lite was properly granted and the order should, therefore, be affirmed. Order unanimously affirmed, with $20 costs and disbursements to the respondent.