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SALEMEH v. TOUSSAINT

25 A.D.3d 411 (2006)

810 N.Y.S.2d 1

WAJEH SALEMEH, Appellant, v. ROGER TOUSSAINT, as President, on Behalf of Local 100, Transport Workers Union et al., Respondents, et al., Defendant.

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

January 12, 2006.

Intentional tort claims against Local 100 were properly dismissed because plaintiff security guard failed to plead that the entire membership of Local 100 authorized in advance, or subsequently ratified, the alleged assault upon him (Martin v Curran, 303 N.Y. 276, 282 [1951]; Duane Reade, Inc. v Local 338 Retail, Wholesale, Dept. Store Union, UFCW, AFL-CIO, 17 A.D.3d 277 [2005]). Plaintiff's...

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