State of New York Supreme Court, Appellate Division Third Judicial Department
October 20, 2011
MICHAEL F. LAHENDRO ET AL., APPELLANTS,
NEW YORK STATE UNITED TEACHERS ASSOCIATION ET AL., RESPONDENTS.
The opinion of the court was delivered by: Lahtinen, J.
MEMORANDUM AND ORDER
Calendar Date: September 7, 2011
Before: Peters, J.P., Rose, Lahtinen, McCarthy and Garry, JJ.
Appeal from an order of the Supreme Court (Demarest, J.), entered November 22, 2010 in Franklin County, which, upon reargument, partially granted defendants' motion to dismiss the complaint.
The facts are set forth in our decision addressing defendants' appeal from the earlier order in this case (___ AD3d ___ [appeal No. 512107, decided herewith]). Plaintiffs in this appeal contend that Supreme Court erred when, after reargument, it dismissed the action as to the individual defendants. We are unpersuaded.
In addition to the reasons for dismissal set forth in our decision in the companion appeal, we further note that "individual defendants cannot be held liable for acts committed in their capacity as union representatives" (Duane Reade, Inc. v Local 338 Retail, Wholesale, Dept. Store Union, UFCW, AFL-CIO, 17 AD3d 277, 278 , appeal dismissed, lv denied 5 NY3d 797 ). Plaintiffs failed to allege acts by the individual defendants unrelated to their union roles. Accordingly, Supreme Court properly dismissed the action against these defendants in their individual capacity (see id.).
Peters, J.P., Rose, McCarthy and Garry, JJ., concur.
ORDERED that the order is affirmed, without costs.
ENTER: Robert D. Mayberger Clerk of the Court
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