Frontier Pilots Litigation Steering Committee, Inc. v. Cohen, Weiss & Simon

Appellate Division of the Supreme Court of New York

Frontier Pilots Litigation Steering Committee, Inc. v. Cohen, Weiss & Simon

227 A.D.2d 130, 641 N.Y.S.2d 639, 1996 N.Y. App. Div. LEXIS 4748

Appellate Division of the Supreme Court of the State of New York·Decided May 2, 1996·Published·Cited by 2 cases

Opinion

Order and judgment (one paper), Supreme Court, New York County (Lewis Friedman, J.), entered April 7, 1995, which granted defendants’ motion for summary judg[131]*131ment dismissing the complaint, unanimously affirmed, without costs.

Plaintiffs have failed to raise a triable issue of fact with respect to their claims that they were not union members, that their employment contract was not negotiated through the collective bargaining process, or that they had separately retained defendant law firm to represent them. Therefore, plaintiffs’ legal malpractice claims are preempted by Federal labor law, since they arise out of defendants’ representation of the union, as its agent, during the course of collective bargaining (see, Peterson v Kennedy, 771 F2d 1244, 1259 [9th Cir], cert denied 475 US 1122; Montplaisir v Leighton, 875 F2d 1, 6 [1st Cir]). Concur — Sullivan, J. P., Ellerin, Rubin, Ross and Nardelli, JJ.

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Order and judgment (one paper), Supreme Court, New York County (Lewis Friedman, J.), entered April 7, 1995, which granted defendants’ motion for summary judg[131]*131ment dismissing the complaint, unanimously affirmed, without costs.

Plaintiffs have failed to raise a triable issue of fact with respect to their claims that they were not union members, that their employment contract was not negotiated through the collective bargaining process, or that they had separately retained defendant law firm to represent them. Therefore, plaintiffs’ legal malpractice claims are preempted by Federal labor law, since they arise out of defendants’ representation of the union, as its agent, during the course of collective bargaining (see, Peterson v Kennedy, 771 F2d 1244, 1259 [9th Cir], cert denied 475 US 1122; Montplaisir v Leighton, 875 F2d 1, 6 [1st Cir]). Concur — Sullivan, J. P., Ellerin, Rubin, Ross and Nardelli, JJ.

Frontier Pilots Litigation Steering Committee, Inc. v. Cohen, Weiss & Simon, 227 A.D.2d 130, 641 N.Y.S.2d 639, 1996 N.Y. App. Div. LEXIS 4748 (N.Y. Ct. App. 1996).

Pincite

227 A.D.2d 130 (Frontier Pilots Litigation Steering Committee, Inc. v. Cohen, Weiss & Simon) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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