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MELLON v. BENKER

186 A.D.2d 1020 (1992)

Patricia A. Mellon, Respondent, v. Donald Benker, Individually and as President of Kenmore Teachers Association, et al., Appellant

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

October 7, 1992

Order unanimously reversed on the law without costs, motion granted and complaint dismissed.

Memorandum:

Defendants contend that Supreme Court erred in denying their motion for summary judgment dismissing plaintiff's complaint in this action for breach of defendants' duty of fair representation. We agree.

"To sustain a cause of action for breach of the duty of fair representation there must be substantial...

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