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LERNER v. AMALGAMATED CLOTHING & TEXTILE WKRS. UN.

No. 1136, Docket 90-9012.

938 F.2d 2 (1991)

Frank LERNER, Harold Lerner, Harvey Pulver, and Dominic Dioguardi, Plaintiffs, Frank Lerner, Plaintiff-Appellant, v. AMALGAMATED CLOTHING AND TEXTILE WORKERS UNION, and Washable Clothing, Sportswear & Novelty Workers Local 169, Amalgamated Clothing and Textile Workers Union, AFL-CIO, CLC, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 25, 1991.

Attorney(s) appearing for the Case

Robert M. Schanzer, New York City (Matthew D. Stokely, Solomon & Rosenbaum, Drechsler & Leff, of counsel), for plaintiff-appellant.

Jean Grumet, New York City (Joel Ronald Ax and George A. Kirschenbaum, Amalgamated Clothing & Textile Workers Union, of counsel), for defendants-appellees.

Before OAKES, Chief Judge, and CARDAMONE and MAHONEY, Circuit Judges.

OAKES, Chief Judge:

This case asks us to address whether, under New York law, the signature of the president of a corporation as president on a certificate of ratification that ratified a collective bargaining agreement bound the president individually to the terms of the collective bargaining agreement so as to render him personally liable for wages and benefits due under the agreement. Given the presumption against individual liability in such cases under New York...

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