Legal Opinion

Palladino v. CNY Centro, Inc.

New York Court of Appeals

Decided April 8, 2014PublishedCited by 32 opinions

1Opinion of the Court

OPINION OF THE COURT

Abdus-Salaam, J.

In this action by a union member seeking damages from his union for breach of the duty of fair representation, the Appellate Division dismissed the complaint in accordance with our decision in Martin v Curran (303 NY 276 [1951]) because the complaint failed to allege that the union’s conduct was ratified by “every single member” of the association. On this appeal, plaintiff argues that Martin is inapplicable and, alternatively, that this precedent should be overruled. We conclude that the Martin rule applies to this action and we decline to overrule our…

2Cases cited15 opinions

  1. United States v. WhiteSupreme Court of the United States · 1944
  2. People v. HobsonNew York Court of Appeals · 1976
  3. United Mine Workers v. Coronado Coal Co.Supreme Court of the United States · 1922
  4. People v. RudolphNew York Court of Appeals · 2013
  5. Martin v. CurranNew York Court of Appeals · 1951

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3Cited by32 opinions

  1. State Farm Mutual Automobile Insurance v. FitzgeraldNew York Court of Appeals · 2015
  2. Drabinsky v. Actors' Equity AssociationCourt of Appeals for the Second Circuit · 2024
  3. Matter of Agramonte v. Local 461, Dist. Council 37, Am. Fedn. of State County & Mun. Empls.Appellate Division of the Supreme Court of the State of New York · 2022
  4. Cablevision Systems Corp. v. Communications Workers of America District 1Appellate Division of the Supreme Court of the State of New York · 2015
  5. Cornhill LLC v. SposatoRochester City Court · 2016

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