Justice Arthur Diamond
Union Communications Workers of America (CWA) moved to dismiss the complaint for lack of subject matter jurisdiction. The action arose from a labour dispute between Cablevision Systems and CWA in which the complaint asserted claims for harassment, trespass, stalking and disorderly conduct. Cablevision sought an injunction against defendants arguing CWA representatives interrupted two Cablevision-related events—an annual shareholder meeting and an investors’ conference. The court found Cablevision raised a novel argument that the corporation had a private right of action against CWA representatives for harassment and disorderly conduct. Defendants argued Cablevision could not bring statutory claims of penal law violations as it was not an actual person. The court agreed finding Cablevision was not a “person” for purposes of these penal law statutes alleged in the complaint, and was not one of the class for whose particular benefit these statutes were enacted. It ruled the complaint was replete with conclusory statements, rendering the pleadings facially deficient. Therefore, the court dismissed Cablevision’s complaint in its entirety.
