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CLARK v. COUNTY OF CAYUGA

212 A.D.2d 963 (1995)

623 N.Y.S.2d 57

Earl Clark, Respondent, v. County of Cayuga, Appellant

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

February 3, 1995

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum:

Supreme Court should have granted defendant's cross motion for summary judgment dismissing the complaint. Plaintiff has no right to sue his former employer directly for its alleged breach of a collective bargaining agreement that it entered into with the union of which plaintiff was a member (see, Matter of Board of Educ. v Ambach

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