Opinion
2012-12-21
Eugene PALLADINO, Plaintiff–Respondent, v. CNY CENTRO, INC., Charles Watson, as Business Agent of Amalgamated Transit Union, Local 580 and Amalgamated Transit Union, Local 580, Defendants–Appellants.
Ferrara, Fiorenza, Larrison, Barrett & Reitz, P.C., East Syracuse (Craig M. Atlas of Counsel), for Defendant–Appellant CNY Centro, Inc. Blitman & King LLP, Syracuse (Kenneth L. Wagner of Counsel), for Defendants–Appellants Charles Watson, as Business Agent of Amalgamated Transit Union, Local 580 and Amalgamated Transit Union, Local 580.
Ferrara, Fiorenza, Larrison, Barrett & Reitz, P.C., East Syracuse (Craig M. Atlas of Counsel), for Defendant–Appellant CNY Centro, Inc. Blitman & King LLP, Syracuse (Kenneth L. Wagner of Counsel), for Defendants–Appellants Charles Watson, as Business Agent of Amalgamated Transit Union, Local 580 and Amalgamated Transit Union, Local 580.
Robert Louis Riley, Syracuse, for Plaintiff–Respondent.
PRESENT: SCUDDER, P.J., CENTRA, VALENTINO, WHALEN, AND MARTOCHE, JJ.
MEMORANDUM:
Defendants appeal from an order that granted only in part their respective motions seeking summary judgment dismissing the amended complaints against them. We agree with defendants that Supreme Court should have granted their motions in their entirety. Defendants Amalgamated Transit Union, Local 580 (Union) and Charles Watson, as business agent of the Union, contend that the Union is a voluntary unincorporated association and that plaintiff has failed even to plead that the Union's conduct was authorized or ratified by the entire membership of the association. We agree ( see Martin v. Curran, 303 N.Y. 276, 282, 101 N.E.2d 683;Zanghi v. Laborers' Intl. Union of N. Am., AFL–CIO, 8 A.D.3d 1033, 1034, 778 N.Y.S.2d 607,lv. denied4 N.Y.3d 703, 790 N.Y.S.2d 650, 824 N.E.2d 51). Thus, we further agree with those defendants that plaintiff's contention that the Union breached its duty of fair representation is “fatally defective” ( Walsh v. Torres–Lynch, 266 A.D.2d 817, 818, 697 N.Y.S.2d 434). In light of our conclusion, we do not address defendants' remaining contentions.
It is hereby ORDERED that the order insofar as appealed from is unanimously reversed on the law without costs, the motions are granted in their entirety and the amended complaints are dismissed.