Lahendro v New York State United Teachers Assn.. 2011 NY Slip Op 07343, Appellate Division, Third Department
Although certain exceptions have been carved out from this general rule, the court said that one commentator has observed that, “although a claim of breach of the duty of fair representation may be brought either in court or before an appropriate agency (such as the Public Employment Relations Board), the reality in light of Martin is that most such claims must be brought before an agency to survive early dismissal, citing Rubenstein, Union Immunity From Suit in New York, 2 NYU Journal of Law & Business 641.
Alleged malpractice was peripherally addressed in Lahendro II in that the court cited Mamorella v Derkasch, 276 AD2d 152. In Mamorella the Appellate Division considered a claim that a union provided attorney was guilty of malpractice.
Laherndro I is posted on the Internet at:
Laherndro II is posted on the Internet at: