Jacobs v Holman

Jacobs v Holman 2012 NY Slip Op 07088 Decided on October 24, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 24, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
PETER B. SKELOS, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
JEFFREY A. COHEN, JJ.
2011-01202
(Index No. 14131/10)

[*1]David B. Jacobs, appellant,

v

Evelyn Holman, et al., defendants, Darlene Dartch, et al., respondents.




David B. Jacobs, Dix Hills, N.Y., appellant pro se.
Richard E. Casagrande, New York, N.Y. (Keith J. Gross of
counsel), for respondents.


DECISION & ORDER

In an action, inter alia, to recover damages for breach of a duty of fair representation, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Jones, Jr., J.), dated November 18, 2010, which granted the motion of the defendants Bay Shore Classroom Teachers Association, Inc., Darlene Dartch, Nancy Kavanaugh, New York State United Teachers, and Tammy Mays pursuant to CPLR 3211(a)(7) to dismiss the complaint insofar as asserted against them.

ORDERED that the order is affirmed, with costs.

The Supreme Court properly granted the motion of the defendants Bay Shore Classroom Teachers Association, Inc., Darlene Dartch, Nancy Kavanaugh, New York State United Teachers, and Tammy Mays (hereinafter collectively the moving defendants) pursuant to CPLR 3211(a)(7) to dismiss the complaint insofar as asserted against them since "[t]he complaint fails to allege sufficient facts to state a cause of action to recover damages for breach of a duty of fair representation" (Portlette v Toussaint, 31 AD3d 730, 730-731).

In light of our determination, we need not address the moving defendants' remaining contentions.
SKELOS, J.P., BALKIN, LEVENTHAL and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court