Rajter v. Local 294 Affiliated With International Brotherhood of Teamsters

Casey, J. Ap*560peal from an order of the Supreme Court (Best, J.), entered November 28, 1995 in Montgomery County, which granted certain defendants’ motions for summary judgment dismissing the complaint against them.

The only issue on this appeal is whether there are triable questions of fact regarding the accrual date of plaintiff s cause of action based upon the alleged breach of defendant union’s duty of fair representation. Accrual occurred when plaintiff knew or reasonably should have known of the breach (see, Peculis v Longview Fibre Co., 135 AD2d 929, 931, lv denied 74 NY2d 615).…