BETTS v. UNIV. OF ROCHESTER


123 A.D.2d 496 (1986)

Edwin R. Betts, Appellant, v. University of Rochester, Respondent. (Appeal No. 1.)

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

September 26, 1986


Order unanimously reversed on the law with costs and motion denied.

Memorandum:

Special Term erred in granting defendant's motion to dismiss plaintiff's complaint on the ground of lack of subject matter jurisdiction (CPLR 3211 [a] [2]).

The sole issue on appeal is whether the complaint states causes of action which are preempted under the National Labor Relations Act (29 USC § 151 et seq.) and thus may not be asserted in a State court ...

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