COSTARO v. SIMONS


277 A.D. 773 (1950)

Anthony Costaro et al., Respondents, v. Joseph Simons, as President of Newspaper and Mail Deliverers' Union of New York and Vicinity, Defendant, and Rockaway News Supply Co., Inc., Appellant. (Appeal No. 2.)

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

May 1, 1950.


The allegations of the complaint are not sufficient to state a cause of action against the appellant. The repeated allegation that the respondents' bargaining agent entered into an improvident contract "in collusion" with the employer is a mere conclusion of law, insufficient to set forth any facts showing a wrong or tort committed by the employer. The employer was under no legal obligation to insist upon a contract more favorable to respondents. The respondents have failed...

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