Alston v. Transport Workers Union

In this action plaintiff seeks damages for defendant’s breach of its duty of fair representation based on events which occurred between August 1986 and February 1987. Specifically, plaintiff alleges that defendant failed properly to represent him in connection with various disciplinary proceedings which eventually led to his dismissal on or about February 27, 1987. The action was commenced on or about February 9, 1993.

The question on this appeal is whether plaintiff’s action is governed by the statute of limitations which became effective after his cause of action accrued (see, CPLR 217 [2]…