Opinion
16403 Index No. 151950/21 Case No. 2022–02573
10-13-2022
In the Matter of Edwin AGRAMONTE et al., Petitioners–Appellants, v. LOCAL 461, DISTRICT COUNCIL 37, AMERICAN FEDERATION OF STATE COUNTY AND MUNICIPAL EMPLOYEES, BY its President, Jason VELZAQUEZ, Respondent–Respondent.
Advocates for Justice, Chartered Attorneys, New York (Arthur Z. Schwartz of counsel), for appellants. Cohen, Weiss and Simon LLP, New York (Hanan Kolko of counsel), for respondent.
Advocates for Justice, Chartered Attorneys, New York (Arthur Z. Schwartz of counsel), for appellants.
Cohen, Weiss and Simon LLP, New York (Hanan Kolko of counsel), for respondent.
Kapnick, J.P., Webber, Oing, Gonza´lez, JJ.
Order and judgment (one paper) of the Supreme Court, New York County (William Perry, J.), entered on or about February 1, 2022, which, to the extent appealed from, granted the motion of respondent union to dismiss the amended petition seeking to annul an officer election conducted in February 2021 and to direct new elections, and dismissed the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.
Supreme Court correctly granted the union's motion to dismiss the amended petition. The 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" ( Charter Communications, Inc. v. Local Union No. 3, 166 A.D.3d 468, 469, 85 N.Y.S.3d 770 [1st Dept. 2018], citing Martin v. Curran, 303 N.Y. 276, 101 N.E.2d 683 [1951] ). Moreover, 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" ( Martin, 303 N.Y. at 282, 101 N.E.2d 683 ; see General Associations Law § 13 ; Palladino v. CNY Centro, Inc., 23 N.Y.3d 140, 147–148, 989 N.Y.S.2d 438, 12 N.E.3d 436 [2014] ; Catania v. Liriano, 203 A.D.3d 422, 423, 164 N.Y.S.3d 581 [1st Dept. 2022], appeal dismissed 38 N.Y.3d 1049, 171 N.Y.S.3d 41, 190 N.E.3d 1173 [2022] ).
We have considered petitioners’ remaining contentions and find them unavailing.