101 A.D.2d 942 | N.Y. App. Div. | 1984
— Appeal from an order of the Supreme Court at Special Term (Zeller, J.), entered April 22, 1983 in Broome County, which denied defendant’s motions to dismiss the complaint and for summary judgment. K Plaintiff is an account clerk employed by defendant school district. In July, 1980, defendant entered into a collective bargaining agreement with the Binghamton City School District Unit, Broome Educational Local No. 866, Civil Service Employees Association, Local No. 1000, American Federation of State, County and Municipal Employees, AFL-CIO (union) to cover nonteaching personnel of the district, such as plaintiff. Plaintiff’s husband was employed by defendant as a teacher and was covered by the district’s dental plan. In 1981 and 1982, plaintiff and members of her family incurred a series of dental bills which plaintiff’s husband submitted to his dental plan for reimbursement. The plan paid the bills, except for a deductible amount. Plaintiff resubmitted the deductible or unpaid portion of the bill to her husband’s insurance plan. The resubmission was rejected on the ground that the stated benefits had been paid in full as required by the provisions of the plan. 11 After inquiry by plaintiff, she was advised by the administrator of her husband’s dental plan that said plan had the right to coordinate benefits with any other plan covering the individual and/or members of the plan. Accordingly, plaintiff applied to enroll as an individual member of the plan. Her application was denied. Plaintiff then caused her union to file a grievance against the school district in accord with the terms of the collective bargaining agreement. After processing, a decision was rendered finding no violation of the terms of the agreement and, accordingly, the grievance was denied. 11 Plaintiff then commenced a proceeding with the New York State Division of Human Rights charging discrimination on the basis of marital status. The division dismissed the complaint on the ground that there was no probable cause to believe that defendant had engaged in an unlawful discriminatory practice. Plaintiff appealed such decision to the Human Rights Appeal Board and that appeal is pending. 11 Having been thwarted in her efforts to be compensated for the amount of her husband’s deductible amount through available administrative channels, plaintiff instituted this action in Supreme Court alleging that defendant breached her contract of employment by refusing to enroll her in the dental plan. She sought damages or, in the alternative, specific performance of the contract to grant her membership in the plan. Defendant moved to dismiss the complaint and for summary judgment on the grounds that there are no triable issues of fact, that plaintiff lacks standing to maintain such an action, and that section 297 of the Executive Law bars the proceeding. Special Term denied the motions. This appeal by defendant ensued. U Turning first to the issue of standing, we are of the view that when the collective bargaining agreement imbues the union with the right and responsibility of enforcing the