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MALAST v. CIVIL SERV. EMPLS. ASSN., INC., LOCAL 830, AFSCME, AFL-CIO

2013-06928

128 A.D.3d 650 (2015)

8 N.Y.S.3d 420

2015 NY Slip Op 03810

ELLEN MALAST, Appellant, v. CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 830, AFSCME, AFL-CIO, et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 6, 2015.

In an action, inter alia, to recover damages for breach of a union's duty of fair representation, the plaintiff appeals from an order of the Supreme Court, Nassau County (Winslow, J.), entered May 31, 2013, which granted the defendants' motion pursuant to CPLR 3211 (a) to dismiss the amended complaint.

Ordered that the order is affirmed, with costs.

"On a motion to dismiss a complaint pursuant to CPLR 3211 (a) (5) on statute of limitations grounds, the moving...

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