Legal Opinion
Mellon v. Benker
Appellate Division of the Supreme Court of the State of New York
Decided October 7, 1992PublishedCited by 11 opinions
1Opinion of the Court
— Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Defendants contend that Supreme Court erred *1021in denying their motion for summary judgment dismissing plaintiffs complaint in this action for breach of defendants’ duty of fair representation. We agree.
“To sustain a cause of action for breach of the duty of fair representation there must be substantial evidence of fraud, deceitful action, or dishonest conduct, or evidence of discrimination that is intentional, severe, and unrelated to legitimate union objectives” (Badman v Civil Serv.…
2Cases cited3 opinions
- Badman v. Civil Service Employees Ass'nAppellate Division of the Supreme Court of the State of New York · 1982
- Symanski v. East Ramapo Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1986
- Trainosky v. Civil Service Employees Ass'nAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by11 opinions
- Kleinmann v. BachAppellate Division of the Supreme Court of the State of New York · 1993
- Mamorella v. DerkaschAppellate Division of the Supreme Court of the State of New York · 2000
- Ahrens v. New York State Public Employees Federation, AFL-CIOAppellate Division of the Supreme Court of the State of New York · 1994
- Martin v. New York State Department of Correctional ServicesDistrict Court, N.D. New York · 2000
- Anderson v. American Federation of TeachersSupreme Court of The Virgin Islands · 2017
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