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October 20, 2022

Challenging the results of a union election of its officers

Citing Palladino v CNY Centro, Inc., 23 NY3d 140, the Appellate Division noted that "the law is well settled" that suits for breaches of agreements or for tortious wrongs against officers of unincorporated associations, including unions, are limited to situations in which "the individual liability of every single member can be alleged and proven".

The court then sustained Supreme Court's granting Local 461, District Council 37's motion to dismiss the Plaintiffs' amended petition seeking to annul a 2021 election of the Local's officers and that the court direct that new elections be conducted.

The Appellate Division explained that the Plaintiffs' petition, which interposed claims alleging breach of contract and violation of the common law of elections in New York, failed to plead "that each individual union member authorized or ratified the [allegedly] unlawful actions," citing Charter Communications, Inc. v Local Union No. 3, 166 AD3d 468.

Click HEREto access the Appellate Division's ruling.

 

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