Opinion
2011-10-20
Michael F. LAHENDRO et al., Appellants,v.NEW YORK STATE UNITED TEACHERS ASSOCIATION et al., Respondents.
Cappello, Linden & Ladouceur, Potsdam (Roger B. Linden of counsel), for appellants.Meyer, Suozzi, English & Klein, New York City (Steven E. Star of counsel), for respondents.Before: PETERS, J.P., ROSE, LAHTINEN, McCARTHY and GARRY, JJ.
LAHTINEN, J.
Appeal from an order of the Supreme Court (Demarest, J.), entered November 22, 2010 in Franklin County, which, upon reargument, partially granted defendants' motion to dismiss the complaint.
The facts are set forth in our decision addressing defendants' appeal from the earlier order in this case (––– A.D.3d ––––, ––– N.Y.S.2d ––––, 2011 WL 4975857 [appeal No. 512107, decided herewith] ). Plaintiffs in this appeal contend that Supreme Court erred when, after reargument, it dismissed the action as to the individual defendants. We are unpersuaded.
In addition to the reasons for dismissal set forth in our decision in the companion appeal, we further note that “individual defendants cannot be held liable for acts committed in their capacity as union representatives” ( Duane Reade, Inc. v. Local 338 Retail, Wholesale, Dept. Store Union, UFCW, AFL–CIO, 17 A.D.3d 277, 278, 794 N.Y.S.2d 25 [2005], appeal dismissed, lv. denied 5 N.Y.3d 797, 801 N.Y.S.2d 560, 835 N.E.2d 328 [2005] ). Plaintiffs failed to allege acts by the individual defendants unrelated to their union roles. Accordingly, Supreme Court properly dismissed the action against these defendants in their individual capacity ( see id.).
ORDERED that the order is affirmed, without costs.
PETERS, J.P., ROSE, McCARTHY and GARRY, JJ., concur.