Herington v. Civil Service Employees Ass'n

Appellate Division of the Supreme Court of New York

Herington v. Civil Service Employees Ass'n

130 A.D.2d 961, 516 N.Y.S.2d 377, 1987 N.Y. App. Div. LEXIS 46944

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

DecidedMay 22, 1987

StatusPublished

Cited by9 cases

This text of 130 A.D.2d 961 (Herington v. Civil Service Employees Ass'n) 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

Herington v. Civil Service Employees Ass'n, 130 A.D.2d 961, 516 N.Y.S.2d 377, 1987 N.Y. App. Div. LEXIS 46944 (N.Y. Ct. App. 1987).

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Opinion

Order unanimously affirmed, without costs. Memorandum: We affirm for reasons stated in the memorandum decision at Supreme Court (Scudder, J.). We add only that plaintiff has no cause of action against his union either for breach of contract or for negligence arising out of the performance of duties [962]*962assumed under the collective bargaining agreement; his sole remedy is an action for breach of fair representation (see, Condon v Local 2944, 683 F2d 590, 595; Dente v International Org., 492 F2d 10, cert denied 417 US 910; Ferrara v American ACMI, 122 AD2d 930; Kaminsky v Connolly, 51 AD2d 218, affd 41 NY2d 1068). The complaint fails to state a cause of action for breach of fair representation (see, Smith v Sipe, 109 AD2d 1034, 1036 [Mahoney, P. J., dissenting], revd for reasons stated in dissenting mem at App Div 67 NY2d 928). (Appeal from order of Supreme Court, Livingston County, Scudder, J. —resettle order.) Present—Dillon, P. J., Callahan, Boomer, Balio and Davis, JJ.

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Order unanimously affirmed, without costs. Memorandum: We affirm for reasons stated in the memorandum decision at Supreme Court (Scudder, J.). We add only that plaintiff has no cause of action against his union either for breach of contract or for negligence arising out of the performance of duties [962]*962assumed under the collective bargaining agreement; his sole remedy is an action for breach of fair representation (see, Condon v Local 2944, 683 F2d 590, 595; Dente v International Org., 492 F2d 10, cert denied 417 US 910; Ferrara v American ACMI, 122 AD2d 930; Kaminsky v Connolly, 51 AD2d 218, affd 41 NY2d 1068). The complaint fails to state a cause of action for breach of fair representation (see, Smith v Sipe, 109 AD2d 1034, 1036 [Mahoney, P. J., dissenting], revd for reasons stated in dissenting mem at App Div 67 NY2d 928). (Appeal from order of Supreme Court, Livingston County, Scudder, J. —resettle order.) Present—Dillon, P. J., Callahan, Boomer, Balio and Davis, JJ.

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130 A.D.2d 961, 516 N.Y.S.2d 377, 1987 N.Y. App. Div. LEXIS 46944, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herington-v-civil-service-employees-assn-nyappdiv-1987.

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