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Shanker v. Monserrat

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 1976
51 A.D.2d 592 (N.Y. App. Div. 1976)

Opinion

January 26, 1976


In an action to recover damages for breach of a collective bargaining agreement, defendants appeal from so much of an order of the Supreme Court, Kings County, entered February 14, 1974, as granted their motion to dismiss the complaint for failure to state a cause of action only to the extent of dismissing the sixth cause of action contained therein. Order affirmed insofar as appealed from, without costs. The first five causes of action, on their face, state valid causes of action in contract which are sufficient, if the proof on the trial shows that the intent of the parties was to enter into a binding collective bargaining agreement as to the subject matter covered in the preambles to the 1967 and 1969 collective bargaining agreements between the parties, and the proof also shows that the said subject matter was as to the terms and conditions of employment of the board's employees represented by the plaintiffs, to sustain a judgment for any damages proved by the plaintiffs (see Board of Educ., Union Free School Dist. No. 3 of Town of Huntington v Associated Teachers of Huntington, 30 N.Y.2d 122, 130; Matter of West Irondequoit Teachers Assn. v Helsby, 35 N.Y.2d 46). In sustaining the sufficiency of the first five causes of action contained in the complaint, insofar as they have been pled, we do not indicate that the plaintiffs have sustained any cognizable damage. Hopkins, Acting P.J., Latham, Margett, Christ and Shapiro, JJ., concur.


Summaries of

Shanker v. Monserrat

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 1976
51 A.D.2d 592 (N.Y. App. Div. 1976)
Case details for

Shanker v. Monserrat

Case Details

Full title:ALBERT SHANKER, as President of the United Federation of Teachers, Local…

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

Date published: Jan 26, 1976

Citations

51 A.D.2d 592 (N.Y. App. Div. 1976)