Local 327, International Union of Electronic, Electrical, Salaried, Machines & Furniture Workers v. Proper

OPINION OF THE COURT

John G. Connor, J.

Defendant has moved for partial summary judgment as against plaintiff pursuant to CPLR 3212 (e) upon the ground that “there is no triable issue of fact as to the impropriety of the trial leading to the imposed fine upon which the complaint is based, thereby warranting direction of judgment * * * as a matter of law.” The plaintiff has cross-moved for summary judgment in its favor.

Although the parties devote most of their argument to whether or not defendant was afforded a full, fair and constitutional hearing on the underlying charges which led to the…