Clark v. County of Cayuga

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court should have granted defendant’s cross motion for summary judgment dismissing the complaint. Plaintiff has no right to sue his former employer directly for its alleged breach of a collective bargaining agreement that it entered into with the union of which plaintiff was a member (see, Matter of Board of Educ. v Ambach, 70 NY2d 501, 508, cert denied sub nom. Margolin v Board of Educ., 485 US 1034). Unless the agreement provides otherwise, only when the union…