Jenkins v. Fink Baking Corp.

—In an action for job reinstatement, back pay and other damages arising out of a claimed wrongful discharge, and breach of a collective bargaining agreement, the defendant Fink Baking Corp. appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (LeVine, J.), dated December 5, 1984, as, upon reargument, adhered to its previous determination dated September 26, 1984, which denied the defendant’s motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint.

Order reversed insofar as appealed from, with costs, order dated September 26, 1984 vacated, motion…