Legal Opinion

Zaborowski v. Local 74, Service Employees International Union

Appellate Division of the Supreme Court of the State of New York

Decided January 17, 2012PublishedCited by 37 opinions

1Opinion of the Court

In April 2010, the plaintiff commenced an action in federal district court against, among others, the appellant, alleging, inter alia, breach of the duty of fair representation. Thereafter, the federal action was voluntarily discontinued pursuant to a stipulation of discontinuance. In September 2010, the plaintiff commenced this action, similarly alleging that the appellant had breach its duty of fair representation. The Supreme Court denied the appellant’s motion pursuant to CPLR 3211 (a) (5) and (7) to dismiss the complaint insofar as asserted against it as time-barred and for failure to…

2Cases cited5 opinions

  1. George v. Mt. Sinai HospitalNew York Court of Appeals · 1979
  2. Baptiste v. Harding-MarinAppellate Division of the Supreme Court of the State of New York · 2011
  3. Rakusin v. MianoAppellate Division of the Supreme Court of the State of New York · 2011
  4. Kourkoumelis v. ArnelAppellate Division of the Supreme Court of the State of New York · 1997
  5. Naval v. Herbert H. Lehman CollegeAppellate Division of the Supreme Court of the State of New York · 2003

3Cited by37 opinions

  1. Wells Fargo Bank, N.A. v. EitaniAppellate Division of the Supreme Court of the State of New York · 2017
  2. Landow v. KraussAppellate Division of the Supreme Court of the State of New York · 2013
  3. Vilsack v. MeyerAppellate Division of the Supreme Court of the State of New York · 2012
  4. Coleman v. Wells Fargo & Co.Appellate Division of the Supreme Court of the State of New York · 2015
  5. Lepore v. Town of GreenburghAppellate Division of the Supreme Court of the State of New York · 2014

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