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HENVILL v. METROPOLITAN TRANSP. AUTH.

157634/15, 3349, 652589/15, 3348.

148 A.D.3d 460 (2017)

2017 NY Slip Op 01785

49 N.Y.S.3d 402

WINSTON HENVILL, Appellant, v. METROPOLITAN TRANSPORTATION AUTHORITY et al., Respondents. In the Matter of WINSTON HENVILL, Appellant, v. METROPOLITAN TRANSPORTATION AUTHORITY et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 9, 2017.

Plaintiff failed to adequately plead a claim for breach of the duty of fair representation against defendant Metropolitan Transportation Authority Police Benevolent Association (PBA) because none of the allegations in the complaint demonstrated that PBA's conduct, in representing plaintiff at the arbitration hearing which resulted in his termination, was arbitrary, discriminatory or done in bad faith (see Matter of Civil Serv. Bar Assn., Local 237, Intl. Bhd. of Teamsters...

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