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RAJTER v. LOCAL #294 AFFILIATED WITH INT'L BHD. OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AM.

233 A.D.2d 559 (1996)

649 N.Y.S.2d 249

Stanley Rajter, Appellant, v. Local #294 Affiliated with International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, et al., Respondents, et al., Defendant

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

November 7, 1996

Casey, J.

The only issue on this appeal is whether there are triable questions of fact regarding the accrual date of plaintiff's cause of action based upon the alleged breach of defendant union's duty of fair representation. Accrual occurred when plaintiff knew or reasonably should have known of the breach (see, Peculis v Longview Fibre Co., 135 A.D.2d 929, 931...

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