Legal Opinion
Herington v. Civil Service Employees Ass'n
Appellate Division of the Supreme Court of the State of New York
Decided May 22, 1987PublishedCited by 9 opinions
1Opinion of the Court
Order unanimously affirmed, without costs. Memorandum: We affirm for reasons stated in the memorandum decision at Supreme Court (Scudder, J.). We add only that plaintiff has no cause of action against his union either for breach of contract or for negligence arising out of the performance of duties *962assumed under the collective bargaining agreement; his sole remedy is an action for breach of fair representation (see, Condon v Local 2944, 683 F2d 590, 595; Dente v International Org., 492 F2d 10, cert denied 417 US 910; Ferrara v American ACMI, 122 AD2d 930; Kaminsky v Connolly, 51 AD2d 218,…
2Cases cited4 opinions
- Smith v. SipeNew York Court of Appeals · 1986
- Smith v. SipeAppellate Division of the Supreme Court of the State of New York · 1985
- Ferrara v. American ACMIAppellate Division of the Supreme Court of the State of New York · 1986
- Kaminsky v. ConnollyAppellate Division of the Supreme Court of the State of New York · 1976
3Cited by9 opinions
- Ifill v. New York State Court Officers Ass'nDistrict Court, S.D. New York · 2009
- Walsh v. Torres-LynchAppellate Division of the Supreme Court of the State of New York · 1999
- McClary v. Civil Service Employees Ass'nAppellate Division of the Supreme Court of the State of New York · 1987
- Lahendro v. New York State United Teachers Ass'nAppellate Division of the Supreme Court of the State of New York · 2011
- Malcolm v. Ass'n of Supervisors & Adm'rs of RochesterDistrict Court, W.D. New York · 2019
4 more not listed; retrieve them via the Exa API.