Malast v. Civil Serv. Empls. Assn., Inc., Local 830, AFSCME, AFL-CIO

In an action, inter alia, to recover damages for breach of a union’s duty of fair representation, the plaintiff appeals from an order of the Supreme Court, Nassau County (Winslow, J.), entered May 31, 2013, which granted the defendants’ motion pursuant to CPLR 3211 (a) to dismiss the amended complaint.

Ordered that the order is affirmed, with costs.

“On a motion to dismiss a complaint pursuant to CPLR 3211 (a) (5) on statute of limitations grounds, the moving defendant must establish, prima facie, that the time in which to commence the action has expired. The burden then shifts to the plaintiff…