McClary v. Civil Service Employees Ass'n
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously reversed on the law without costs and motion granted. Memorandum: Defendants contend that Special Term erred in failing to grant their motion to dismiss plaintiffs complaint. We agree. Plaintiff’s complaint alleges that defendant unions were negligent and breached their duty of fair representation to decedent by failing to provide a safe workplace. It is also alleged that decedent was a third-party beneficiary of the job safety provisions of a contract between the State of New York and the Operational Services Unit of CSEA, Inc. Plaintiff has no cause of action for…
2Cases cited8 opinions
- Vaca v. SipesSupreme Court of the United States · 1967
- Burns Jackson Miller Summit & Spitzer v. LindnerNew York Court of Appeals · 1983
- Civil Service Bar Ass'n v. City of New YorkNew York Court of Appeals · 1984
- Smith v. SipeNew York Court of Appeals · 1986
- Smith v. SipeAppellate Division of the Supreme Court of the State of New York · 1985
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3Cited by6 opinions
- Security Plans, Inc. v. Cuna Mutual Insurance SocietyCourt of Appeals for the Second Circuit · 2014
- Butler v. McCartyNew York Supreme Court · 2002
- Grahame v. Rochester Teachers Ass'nAppellate Division of the Supreme Court of the State of New York · 1999
- Rigby v. CoughlinDistrict Court, N.D. New York · 1990
- Lahendro v. New York State United Teachers Ass'nAppellate Division of the Supreme Court of the State of New York · 2011
1 more not listed; retrieve them via the Exa API.