Order unanimously reversed on the law without costs and motion granted.
Memorandum:
Defendants contend that Special Term erred in failing to grant their motion to dismiss plaintiff's complaint. We agree. Plaintiff's complaint alleges that defendant unions were negligent and breached their duty of fair representation to decedent by failing to provide a safe workplace. It is also alleged that decedent was a third-party beneficiary of the job safety provisions...
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