Farmer v. H. O. Penn Machinery Co.

Appellate Division of the Supreme Court of New York

Farmer v. H. O. Penn Machinery Co.

50 A.D.2d 562, 375 N.Y.S.2d 17, 1975 N.Y. App. Div. LEXIS 12309

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 3, 1975

StatusPublished

Cited by3 cases

This text of 50 A.D.2d 562 (Farmer v. H. O. Penn Machinery Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Farmer v. H. O. Penn Machinery Co., 50 A.D.2d 562, 375 N.Y.S.2d 17, 1975 N.Y. App. Div. LEXIS 12309 (N.Y. Ct. App. 1975).

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Opinion

— Appeal by petitioner from an order of the Supreme Court, Dutchess County, dated July 17, 1975, which, upon reargument of a judgment of the same court, entered April 7, 1975, adhered to the original determination, which dismissed the petition. Order affirmed, without costs. This proceeding involves allegations against petitioner’s employer and union concerning a grievance proceeding governed by a collective bargaining agreement. Petitioner was not a party to that agreement. He may not, therefore, complain of the award, except to avail himself of whatever remedy, if any, he may have against his union for "breach of fiduciary duty if it unfairly discriminated against him” (Parker v Borock, 5 NY2d 156, 162 [concurring opn of Fuld, J.]; see, also, Matter of Soto [Goldman], 7 NY2d 397), Martuscello, Acting P. J., Cohalan, Christ, Munder and Shapiro, JJ., concur.

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— Appeal by petitioner from an order of the Supreme Court, Dutchess County, dated July 17, 1975, which, upon reargument of a judgment of the same court, entered April 7, 1975, adhered to the original determination, which dismissed the petition. Order affirmed, without costs. This proceeding involves allegations against petitioner’s employer and union concerning a grievance proceeding governed by a collective bargaining agreement. Petitioner was not a party to that agreement. He may not, therefore, complain of the award, except to avail himself of whatever remedy, if any, he may have against his union for "breach of fiduciary duty if it unfairly discriminated against him” (Parker v Borock, 5 NY2d 156, 162 [concurring opn of Fuld, J.]; see, also, Matter of Soto [Goldman], 7 NY2d 397), Martuscello, Acting P. J., Cohalan, Christ, Munder and Shapiro, JJ., concur.

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Bluebook (online)

50 A.D.2d 562, 375 N.Y.S.2d 17, 1975 N.Y. App. Div. LEXIS 12309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farmer-v-h-o-penn-machinery-co-nyappdiv-1975.

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