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HARRIS v. HIRSH

83 N.Y.2d 734 (1994)

636 N.E.2d 1375

613 N.Y.S.2d 842

Joan V. Harris, Appellant, v. Paul Hirsh, Respondent.

Court of Appeals of the State of New York.

Decided June 9, 1994.

Attorney(s) appearing for the Case

Graham, Campaign & McCarthy, P. C., New York City (Daniel F. McCarthy and Daniel A. McCarthy of counsel), for appellant.

Proskauer Rose Goetz & Mendelsohn, New York City (Charles S. Sims and Wendy H. Schwartz of counsel), Richard K. Bernard and C. Sue Barnett for respondent.

Judges SIMONS, BELLACOSA, SMITH, LEVINE and CIPARICK concur; Chief Judge KAYE taking no part.

TITONE, J.

On this appeal, we are called upon to determine whether the trial court lacked subject matter jurisdiction over plaintiff's common-law defamation action because it constituted a "minor dispute" within the exclusive purview of the mandatory grievance-to-adjustment board procedures established by the Federal Railway Labor Act (RLA) (45 USC § 151 et seq.). For the reasons that follow, we conclude...

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