Legal Opinion

Butler v. McCarty

New York Supreme Court

Decided March 15, 2002PublishedCited by 4 opinions

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

  1. Vaca v. SipesSupreme Court of the United States · 1967
  2. United Steelworkers of America, AFL-CIO-CLC v. RawsonSupreme Court of the United States · 1990
  3. Leader v. Maroney, Ponzini & SpencerNew York Court of Appeals · 2001
  4. Martin v. CurranNew York Court of Appeals · 1951
  5. Smith v. SipeNew York Court of Appeals · 1986

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3Cited by4 opinions

  1. Butler v. MccartyAppellate Division of the Supreme Court of the State of New York · 2003
  2. Duane Reade, Inc. v. Local 338 of the RetailNew York Supreme Court · 2003
  3. Duane Reade, Inc. v. Local 338 Retail, Wholesale Dept. Store Union, UFCW, AFL-CIONew York Supreme Court, New York County · 2003
  4. Okpo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2017

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