HERINGTON v. CIVIL SERV. EMPLOYEES ASS'N, INC.


130 A.D.2d 961 (1987)

Clarence Herington, Appellant, v. Civil Service Employees Association, Inc., Respondent, et al., Defendants

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

May 22, 1987


Order unanimously affirmed, without costs.

Memorandum:

We affirm for reasons stated in the memorandum decision at Supreme Court (Scudder, J.). We add only that plaintiff has no cause of action against his union either for breach of contract or for negligence arising out of the performance of duties assumed under the collective bargaining agreement; his sole remedy is an action for breach of fair representation ...

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