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DUANE READE, INC. v. LOCAL 338 RETAIL, WHOLESALE, DEPARTMENT STORE UNION, UFCW, AFL-CIO

17 A.D.3d 277 (2005)

794 N.Y.S.2d 25

DUANE READE, INC., Appellant, v. LOCAL 338 RETAIL, WHOLESALE, DEPARTMENT STORE UNION, UFCW, AFL-CIO, et al., Respondents.

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

April 28, 2005.

Dismissal of the claims against Local 338 was required because plaintiff failed to plead that each individual union member authorized or ratified the unlawful action (see Martin v Curran, 303 N.Y. 276 [1951]; Zanghi v Laborers' Intl. Union of N. Am., AFL-CIO, 8 A.D.3d 1033 [2004], lv denied 4 N.Y.3d 703 [2005...

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