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KAMINSKY v. CONNOLLY

41 N.Y.2d 1068 (1977)

Harry Kaminsky, Appellant, v. Frank J. Connolly, as Secretary and Treasurer of Highway & Local Motor Freight Drivers, Dockmen & Helpers Local 707, Respondent, et al., Defendant.

Court of Appeals of the State of New York.

Decided May 3, 1977.

Attorney(s) appearing for the Case

Joseph M. Schwartz for appellant.

Stanley M. Berman for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

The suit against the union was properly brought (see CPLR 1025; General Association Law, § 13; see, also, 1 Weinstein-Korn-Miller, NY Civ Prac, par 305.04, p 3-165 [1975]), and State courts have jurisdiction of the matter (see Vaca v Sipes, 386 U.S. 171, 176-188). Since plaintiff has, in our view, failed to show any breach by the union of the duty of fair representation...

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