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Herington v. Civil Service Employees Ass'n

Appellate Division of the Supreme Court of New York, Fourth Department
May 22, 1987
130 A.D.2d 961 (N.Y. App. Div. 1987)

Opinion

May 22, 1987

Appeal from the Supreme Court, Livingston County, Scudder, J.

Present — Dillon, P.J., Callahan, Boomer, Balio and Davis, JJ.


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 assumed under the collective bargaining agreement; his sole remedy is an action for breach of fair representation (see, Condon v. Local 2944, 683 F.2d 590, 595; Dente v. International Org., 492 F.2d 10, cert denied 417 U.S. 910; Ferrara v. American ACMI, 122 A.D.2d 930; Kaminsky v. Connolly, 51 A.D.2d 218, affd 41 N.Y.2d 1068). The complaint fails to state a cause of action for breach of fair representation (see, Smith v. Sipe, 109 A.D.2d 1034, 1036 [Mahoney, P.J., dissenting], revd for reasons stated in dissenting mem at App. Div. 67 N.Y.2d 928).


Summaries of

Herington v. Civil Service Employees Ass'n

Appellate Division of the Supreme Court of New York, Fourth Department
May 22, 1987
130 A.D.2d 961 (N.Y. App. Div. 1987)
Case details for

Herington v. Civil Service Employees Ass'n

Case Details

Full title:CLARENCE HERINGTON, Appellant, v. CIVIL SERVICE EMPLOYEES ASSOCIATION…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: May 22, 1987

Citations

130 A.D.2d 961 (N.Y. App. Div. 1987)

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