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BAKER v. BD. OF EDUC.

70 N.Y.2d 314 (1987)

Linda Baker, Appellant, v. Board of Education of the West Irondequoit Central School District et al., Defendants, and Thomas Nichols, as President of the West Irondequoit Teachers Association, et al., Respondents.

Court of Appeals of the State of New York.

Decided October 13, 1987.

Attorney(s) appearing for the Case

Thomas G. Dignan and Margaret A. Clemens for appellant.

Bernard F. Ashe, Ivor R. Moskowitz and Rocco A. Solimando for respondents.

Chief Judge WACHTLER and Judges SIMONS, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

KAYE, J.

This appeal calls upon us to determine first, what Statute of Limitations should govern an action by a teacher against a public sector union for breach of its duty of fair representation and second, whether a cause of action can be stated for breach of such duty by a teacher after resigning her position. We conclude that the action was timely because brought within six years of accrual...

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