Jacobs v. Ford Instrument Co., Division of Sperry Rand Corp.
| Decision Date | 12 July 1965 |
| Citation | 262 N.Y.S.2d 183,24 A.D.2d 600 |
| Parties | , 60 L.R.R.M. (BNA) 2095, 52 Lab.Cas. P 51,372 Joseph JACOBS, Respondent, v. FORD INSTRUMENT COMPANY, DIVISION OF SPERRY RAND CORPORATION, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Poletti, Freidin, Prashker, Feldman & Gartner, New York City, for appellant; Herbert Prashker, New York City, of counsel.
Robert J. Philips, New York City, for respondent.
Before UGHETTA, Acting P. J., and CHRIST, HILL, RABIN and BENJAMIN, JJ.
MEMORANDUM BY THE COURT.
In an action to recover damages arising out of the allegedly wrongful discharge of plaintiff by the defendant employer, the latter appeals from a resettled order of the Supreme Court, Queens County, entered February 11, 1965, which: (a) granted plaintiff's motion for summary judgment (CPLR 3212); (b) directed an assessment of the damages; and (c) failed to grant summary judgment in favor of the defendant (CPLR 3212, subd. [b]).
Order reversed, without costs; plaintiff's motion for summary judgment denied; summary judgment dismissing the complaint directed in favor of the defendant, and complaint dismissed, without costs.
In our opinion, the collective bargaining agreement at bar conferred upon defendant an unqualified, unlimited power to discharge a probationary employee (such as plaintiff) at any time during the probationary period, with or without cause. Even if that were not so, this action would have to be dismissed because plaintiff did not exhaust the grievance procedures provided by the collective bargaining agreement (see Larsen v. American Airlines, 2 Cir., 313 F.2d 599; Belk v. Allied Aviation Service Co., 2 Cir., 315 F.2d 513; Galley v. Pennsylvania R.R. Co., D.C., 220 F.Supp. 190, affd. 2 Cir., 324 F.2d 502; cf. Johnson v. Kings Co. Lighting Co., Sup., 141 N.Y.S.2d 411; Panzarella v. New York Central System, 27 Misc.2d 57, 207 N.Y.S.2d 933).
To continue reading
Request your trial
-
Pacilio v. Pennsylvania Railroad Company
...to exhaust the grievance procedures provided by the collective bargaining agreement,1 Jacobs v. Ford Instrument Co., Div. of Sperry Rand Corp., 24 A.D.2d 600, 262 N.Y.S.2d 183, 184 (2d Dep't 1965),2 or, as articulated by Judge Swan in Larsen, "to abide by remedies set out in the collective ......
-
Cymny v. South Buffalo Ry. Co.
...to exhaust the grievance procedures provided by the collective bargaining agreement, Jacobs v. Ford Instrument Co., Div. of Sperry Rand Corp., 24 A.D.2d 600, 262 N.Y.S.2d 183, 184 (2d Dep't 1965), or as articulated by Judge Swan in Larsen (Larsen v. American Airlines, Inc., 2 Cir., 313 F.2d......
-
Mont Gardens, Inc. v. Suffolk County Dept. of Health
... ... Supreme Court, Appellate Division", Second Department ... July 12, 1965 ... \xC2" ... by another Special Term in another case (Co-Pilot Enterprises v. Suffolk County Department of ... ...
-
Mizzi v. Dowling College
...collective bargaining agreement inapplicable to the dispute upon which this action is based. (See Jacobs v. Ford Instrument Co. Div. of Sperry Rand Corp., 24 A.D.2d 600, 262 N.Y.S.2d 183.) Moreover, since the complaint alleges that plaintiff, as a full-time faculty member, was denied a tenu......