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GIFFORDS OIL CO., INC. v. BOSS

54 A.D.2d 555 (1976)

Giffords Oil Company, Inc., Appellant, v. George Boss, Defendant, and James F. McGuire, as President of Local Union No. 553, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers, et al., Respondents

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

September 20, 1976

Order affirmed insofar as appealed from, with $50 costs and disbursements.

The complaint was properly dismissed as against defendants McGuire and Diovisalvo in their respective capacities. Leave to replead was properly not granted because it was not shown to Special Term by competent evidentiary material that the union had authorized, participated in or ratified the tortious conduct enumerated in the complaint (see Martin v Curran, 303 N.Y. 276...

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