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Eugene Palladino, Appellant,v.CNY Centro, Inc., et al., Respondents.

Brief

73 Cited authorities

  1. DelCostello v. Teamsters

    462 U.S. 151 (1983)   Cited 3,321 times
    Holding that a claim for breach of the duty of fair representation must be filed within six months after it accrues

  2. Vaca v. Sipes

    386 U.S. 171 (1967)   Cited 4,173 times   2 Legal Analyses
    Holding that, under the LMRA, an "individual employee has absolute right to have his grievance taken to arbitration regardless of the provisions of the applicable collective bargaining agreement"

  3. Air Line Pilots v. O'Neill

    499 U.S. 65 (1991)   Cited 1,061 times   4 Legal Analyses
    Holding that this rule "applies to all union activity"

  4. Hines v. Anchor Motor Freight

    424 U.S. 554 (1976)   Cited 1,143 times
    Holding that employees can challenge final decision of arbitrator only if they "prove . . . the Union's breach of duty tainting the decision of the [arbitrator]"

  5. Steelworkers v. Rawson

    495 U.S. 362 (1990)   Cited 562 times   1 Legal Analyses
    Holding that union could contractually undertake, in collective bargaining agreement, other duties towards member employees in addition to statutorily-imposed duty of fair representation

  6. McCoy v. Feinman

    99 N.Y.2d 295 (N.Y. 2002)   Cited 704 times   3 Legal Analyses
    Finding a stipulation of settlement is "generally binding on parties that have legal capacity to negotiate"

  7. Ford Motor Co. v. Huffman

    345 U.S. 330 (1953)   Cited 874 times   1 Legal Analyses
    Holding that a union acting in its representative capacity owes a duty of fair representation to those on whose behalf it acts

  8. Gaidon v. the Guardian Life Insurance Co. of America

    94 N.Y.2d 330 (N.Y. 1999)   Cited 531 times   1 Legal Analyses
    Holding that vanishing premium sales practices, as pled, "fall within the purview" of the state deceptive business practices statute but do "not constitute a `misrepresentation or material omission' necessary to sustain a cause of action for fraud"

  9. Flores v. Lower E. Side Serv

    4 N.Y.3d 363 (N.Y. 2005)   Cited 304 times   1 Legal Analyses
    Holding that an "unsigned contract may be enforceable"

  10. Great N Ins v. Interior Corp.

    7 N.Y.3d 412 (N.Y. 2006)   Cited 196 times   2 Legal Analyses
    In Great N. Ins. Co. v Interior Constr. Corp. (7 NY3d 412), the Court of Appeals reaffirmed that "a commercial lease negotiated between two sophisticated parties who included a broad indemnification provision, coupled with an insurance procurement requirement" is enforceable (Great N. Ins. Co. v Interior Constr. Corp., 7 NY3d at 419).

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 486,959 times   689 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

  12. Section 1411 - Damages recoverable when contributory negligence or assumption of risk is established

    N.Y. CPLR 1411   Cited 508 times
    Setting forth New York's pure comparative fault rule