Legal Opinion
Portlette v. Toussaint
Appellate Division of the Supreme Court of the State of New York
Decided July 25, 2006PublishedCited by 2 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for breach of a duty of fair representation, the plaintiff appeals from an order of the Supreme Court, Rockland County (Bergerman, J.), dated July 15, 2004, which granted those branches of the defendants’ motion which were pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint, and denied her cross motion for leave to serve an amended complaint.
Ordered that the order is affirmed, with costs.
The complaint fails to allege sufficient facts to state a cause *731of action to recover damages for breach of a duty of fair representation (see Smith v…
2Cases cited7 opinions
- Washington Avenue Associates, Inc. v. Euclid Equipment, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Widera v. Ettco Wire & Cable Corp.Appellate Division of the Supreme Court of the State of New York · 1994
- Smith v. SipeNew York Court of Appeals · 1986
- Ponticello v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1996
- Schmitt v. Hicksville UFSD No. 17Appellate Division of the Supreme Court of the State of New York · 1994
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3Cited by2 opinions
- Jacobs v. HolmanAppellate Division of the Supreme Court of the State of New York · 2012
- Jacobs v. HolmanAppellate Division of the Supreme Court of the State of New York · 2012