Opinion
May 22, 1987
Appeal from the Supreme Court, Livingston County, Scudder, J.
Present — Dillon, P.J., Callahan, Boomer, Balio and Davis, JJ.
Order unanimously affirmed, without costs. Memorandum: We affirm for reasons stated in the memorandum decision at Supreme Court (Scudder, J.). We add only that plaintiff has no cause of action against his union either for breach of contract or for negligence arising out of the performance of duties assumed under the collective bargaining agreement; his sole remedy is an action for breach of fair representation (see, Condon v. Local 2944, 683 F.2d 590, 595; Dente v. International Org., 492 F.2d 10, cert denied 417 U.S. 910; Ferrara v. American ACMI, 122 A.D.2d 930; Kaminsky v. Connolly, 51 A.D.2d 218, affd 41 N.Y.2d 1068). The complaint fails to state a cause of action for breach of fair representation (see, Smith v. Sipe, 109 A.D.2d 1034, 1036 [Mahoney, P.J., dissenting], revd for reasons stated in dissenting mem at App. Div. 67 N.Y.2d 928).