Goldstein v. Tabb
| Decision Date | 04 November 1991 |
| Citation | 575 N.Y.S.2d 902,177 A.D.2d 470 |
| Parties | , 70 Ed. Law Rep. 1198 Herbert GOLDSTEIN, etc., et al., Appellants, v. Bernard TABB, etc., et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
Jeffrey F. Pam, East Meadow, for appellants.
O. Peter Sherwood, Corp. Counsel, New York City (Fay Leoussis and Timothy J. O'Shaughnessy, of counsel), for all the respondents except for Local 2 of the United Federation of Teachers.
James R. Sandner, New York City (J. Christopher Meagher, of counsel), for respondent Local 2 of United Federation of Teachers.
Before SULLIVAN, J.P., and LAWRENCE, O'BRIEN and RITTER, JJ.
MEMORANDUM BY THE COURT.
In an action, inter alia, to recover damages for breach of contract and breach of the duty of fair representation, the plaintiffs appeal from an order and judgment (one paper) of the Supreme Court, Kings County (Hutcherson, J.), entered February 2, 1990, which granted the defendants' respective motions to dismiss the complaint.
ORDERED that the order and judgment is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.
The plaintiff Herbert Goldstein is a former teacher who was employed by the Board of Education of the City of New York. After allegedly experiencing difficulties and mistreatment while teaching at Arthur S. Somers Junior High School, he commenced the instant action against the defendant Bernard Tabb, Acting Principal of the school, and Local 2 of United Federation of Teachers, AFL-CIO (hereinafter the UFT). Also named as defendants in the action are the school district, its superintendent, the administrator of the Medical Bureau, and the New York City Board of Education itself (hereinafter collectively referred to as the Board of Education defendants). Although the complaint was confusingly and inartfully pleaded, it essentially alleged that Tabb had engaged in a course of conduct calculated to harass, intimidate and harm the plaintiff Herbert Goldstein and thereby force him into taking early retirement. Hence, the plaintiffs sought damages for harassment and tortious interference with contractual rights. Moreover, the plaintiffs alleged that the UFT breached its duty of fair representation by failing to take proper action with respect to Mr. Goldstein's work-related complaints, and that the Board of Education defendants breached his employment contract by improperly terminating his employment. Upon the defendants' motions, the Supreme Court dismissed the complaint in its entirety. We now affirm.
With respect to the defendant Tabb, New York does not recognize a cause of action to recover damages for harassment. Moreover, the complaint fails to set forth any allegation directly linking the purported actions of Tabb with any alleged improper termination of the plaintiff Herbert Goldstein's...
To continue reading
Request your trial
-
New York ex rel. Spitzer v. Cain
... ... v. Desbiens, 213 A.D.2d 886, 623 N.Y.S.2d 939, 942 (3d Dep't 1995); Goldstein v. Tabb, 177 A.D.2d 470, 575 N.Y.S.2d 902, 904 (2d Dep't 1991); see also New York Stock Exchange, Inc. v. Gahary, 196 F.Supp.2d 401, 414 ... ...
-
Emmons v. The City Univ. Of N.Y.
... ... See Jacobs v. 200 E. 36th Owners Corp., 281 A.D.2d 281, 281, 722 N.Y.S.2d 137, 137 (1st Dep't 2001); Goldstein v. Tabb, 177 A.D.2d 470, 471, 575 N.Y.S.2d 902, 904 (2nd Dep't 1991). H. Tortious Interference With Contractual Relations Emmons's fourteenth cause ... ...
-
Margan v. Niles
... ... 18 Broadway Central Property Inc. v. 682 Tenant Corp., 298 A.D.2d 253, 254, 749 N.Y.S.2d 225 (1st Dept 2002); Goldstein v. Tabb, 177 A.D.2d 470, 575 N.Y.S.2d 902 (2d Dep't 1991), leave to appeal denied, 80 N.Y.2d 753, 587 N.Y.S.2d 905, 600 N.E.2d 632 (1992) ... ...
-
Williams v. Black Entm't Television, Inc.
... ... First , as to any claim for "harassment," New York does not recognize such an independent tort. See Goldstein v. Tabb , 177 A.D.2d 470, 471, 575 N.Y.S.2d 902 (2d Dep't 1991) ("New York does not recognize a cause of action to recover damages for Page 24 ... ...