Buffalo Retired Teachers 91-94 Alliance v. Buffalo Teachers Federation, Inc.

—Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied defendants’ motion for summary judgment dismissing the first, third and fourth causes of action alleging that defendants breached their duty of fair representation. In support of the motion, defendants submitted only an affidavit of counsel, which refers to a memorandum that is not part of the record. Defendants failed to meet their “initial burden of coming forward with admissible evidence, such as affidavits by persons having knowledge of the facts, * * * showing that the cause of action has no merit” (GTF…