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PALLADINO v. CNY CENTRO, INC.

No. 47.

23 N.Y.3d 140 (2014)

12 N.E.3d 436

989 N.Y.S.2d 438

2014 NY Slip Op 2378

EUGENE PALLADINO, Appellant, v. CNY CENTRO, INC., et al., Respondents.

Court of Appeals of New York.

Decided April 8, 2014.

Attorney(s) appearing for the Case

Robert Louis Riley , Syracuse, for appellant.

Blitman & King LLP, Syracuse ( Kenneth L. Wagner and Bryan T. Arnault of counsel), for Charles Watson and another, respondents.

Ferrara, Fiorenza, Larrison, Barrett & Reitz, P.C., East Syracuse ( Craig M. Atlas of counsel), for CNY Centro, Inc., respondent.

Richard E. Casagrande , Latham, and Elizabeth R. Schuster , for New York State United Teachers, amicus curiae.

OPINION OF THE COURT

ABDUS-SALAAM, J.

In this action by a union member seeking damages from his union for breach of the duty of fair representation, the Appellate Division dismissed the complaint in accordance with our decision in Martin v Curran (303 N.Y. 276 [1951]) because the complaint failed to allege that the union's conduct was ratified by "every single member...

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