Olton v. County of Westchester

an action to recover damages for breach of a collective bargaining agreement, defendant appeals from an order of the Supreme Court, Westchester County, dated January 8, 1980, which, inter alia, denied its motion to dismiss the complaint on the ground that plaintiff had failed to exhaust his remedies under the agreement. Order reversed, on the law, with $50 costs and disbursements, motion granted, and complaint dismissed. The use of the word "right” in the preamble of the section of the collective bargaining agreement entitled grievance procedure should not be construed to mean that the…