Defendants appeal from two orders of the Small Claims Part of the Civil Court, New York County, each dated March 29, 2003 (Barbara Jaffe, J.) which denied their motions, inter alia, to dismiss the actions pursuant to CPLR 3211(a)(7).

PER CURIAM:

Orders dated March 29, 2003 (Barbara Jaffe, J.) reversed, without costs, motions granted and actions dismissed.

Plaintiff has no right to sue defendants under the governing collective bargaining agreement, his remedies for any claimed breach of the agreement being limited to the grievance procedure set forth therein (see Matter of Board of Educ. v Ambach, 70 NY2d 501 [1987], cert denied sub nom. Margolin v Board of Educ., 485 US 1034 [1988]). Plaintiff did not gain a right to sue by reason of his union's refusal to take up his grievance, unless such refusal amounted to a breach by the union of its duty of fair representation (id., at 508, 511; Parisi v New York City Hous. Auth., 269 AD2d 210 [2000]), which is not shown here. Accordingly, dismissal of the [*2]small claims actions will achieve substantial justice consistent with substantive law principles (see CCA 1807).

This constitutes the decision and order of the court.
Decision Date: June 27, 2005