Butler v. McCarty
New York Supreme Court
1Opinion of the Court
OPINION OF THE COURT
William F. O’Brien, III, J.
Plaintiff instituted this action based upon the circumstances surrounding his dismissal from employment as a custodial worker for the Fayetteville-Manlius School District. The complaint, which was later amended to reflect the proper spelling of defendant Russell McCarty’s name, states three causes of action: (1) wrongful termination from employment, (2) intentional infliction of emotional distress, and (3) breach of the duty of fair representation. Defendants presently move to dismiss the complaint for failure to state a claim. Plaintiff…
2Cases cited16 opinions
- Vaca v. SipesSupreme Court of the United States · 1967
- United Steelworkers of America, AFL-CIO-CLC v. RawsonSupreme Court of the United States · 1990
- Leader v. Maroney, Ponzini & SpencerNew York Court of Appeals · 2001
- Martin v. CurranNew York Court of Appeals · 1951
- Smith v. SipeNew York Court of Appeals · 1986
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3Cited by4 opinions
- Butler v. MccartyAppellate Division of the Supreme Court of the State of New York · 2003
- Duane Reade, Inc. v. Local 338 of the RetailNew York Supreme Court · 2003
- Duane Reade, Inc. v. Local 338 Retail, Wholesale Dept. Store Union, UFCW, AFL-CIONew York Supreme Court, New York County · 2003
- Okpo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2017