Wingenbach v. Mushroom Transportation Co.

Order unanimously affirmed, with costs. Memorandum: This is an appeal by Mushroom Transportation Company, Inc., from an order of Special Term, Erie County, which denied its motion for summary judgment dismissing plaintiffs complaint, denied plaintiff-respondent’s motion for summary judgment and granted plaintiff-respondent’s motion to amend its complaint. Special Term properly concluded that, construing the complaint and moving papers liberally and accepting Wingenbach’s factual allegations as true, plaintiff has ample legal basis for viable causes of action against both the union and his…