BUFFALO RETIRED TEACHERS 91-94 ALLIANCE v. BUFFALO TEACHERS FED'N, INC.


251 A.D.2d 968 (1998)

672 N.Y.S.2d 1021

Buffalo Retired Teachers 91-94 Alliance et al., Respondents, v. Buffalo Teachers Federation, Inc., et al., Appellants

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

June 10, 1998


Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly denied defendants' motion for summary judgment dismissing the first, third and fourth causes of action alleging that defendants breached their duty of fair representation. In support of the motion, defendants submitted only an affidavit of counsel, which refers to a memorandum that is not part of the record. Defendants failed to meet their "initial burden of coming forward with admissible...

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