KAMINSKY v. CONNOLLY, 41 N.Y.2d 1068 (1977)

396 N.Y.S.2d 176, 364 N.E.2d 841

HARRY KAMINSKY, Appellant, v. FRANK J. CONNOLLY, as Secretary and Treasurer of Highway Local Motor Freight Drivers, Dockmen Helpers Local 707, Respondent, et al., Defendant.

Court of Appeals of the State of New York.Argued March 21, 1977
Decided May 3, 1977

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, THOMAS C. CHIMERA, J.

Joseph M. Schwartz for appellant.

Stanley M. Berman for respondent.

Page 1069

MEMORANDUM. The suit against the union was properly brought (see CPLR 1025; General Association Law, § 13; see, also, 1 Weinstein-Korn-Miller, N Y Civ Prac, par 305.04, p 3-165 [1975]), and State courts have jurisdiction of the matter (see Vaca v Sipes, 386 U.S. 171, 176-188). Since plaintiff has, in our view, failed to show any breach by the union of the duty of fair representation, our review need go no further. Accordingly, the order of the Appellate Division should be affirmed, with costs.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

Order affirmed.

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