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Dawkins v. Campbell-Robinson

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


April 20, 2010

PALA DAWKINS, PLAINTIFF-RESPONDENT,
v.
RHOENNA CAMPBELL-ROBINSON, ET AL., DEFENDANTS-APPELLANTS.

Orders, Supreme Court, Bronx County (Paul Victor, J.), entered on or about August 10, 2009 and November 18, 2009, respectively, which denied defendants' motions to dismiss the complaint, unanimously reversed, on the law, without costs, and the motions granted. The Clerk is directed to enter judgment dismissing the complaint.

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.

Andrias, J.P., Sweeny, Renwick, Abdus-Salaam, Manzanet-Daniels, JJ.

301635/09

Plaintiff's claims of defamation, wrongful discharge and intentional infliction of emotional distress are preempted by section 301 of the federal Labor Management Relations Act, 1947 (29 USC § 185), because they require interpretation of a collective bargaining agreement (Griffiths v Triangle Servs., Inc., 59 AD3d 278 [2009]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100420

© 1992-2010 VersusLaw Inc.



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