Dawkins v Campbell-Robinson
2010 NY Slip Op 03168 [72 AD3d 534]
April 20, 2010
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 9, 2010


Pala Dawkins, Respondent,
v
Rhoenna Campbell-Robinson et al., Appellants.

[*1] Littler Mendelson, P.C., New York (Eric D. Witkin of counsel), for appellants.

Sherwood Allen Salvan, New York, for respondent.

Orders, Supreme Court, Bronx County (Paul Victor, J.), entered on or about August 10, 2009 and November 18, 2009, respectively, which denied defendants' motions to dismiss the complaint, unanimously reversed, on the law, without costs, and the motions granted. The Clerk is directed to enter judgment dismissing the complaint.

Plaintiff's claims of defamation, wrongful discharge and intentional infliction of emotional distress are preempted by section 301 of the federal Labor Management Relations Act of 1947 (29 USC § 185), because they require interpretation of a collective bargaining agreement (Griffiths v Triangle Servs., Inc., 59 AD3d 278 [2009]). Concur—Andrias, J.P., Sweeny, Renwick, Abdus-Salaam and Manzanet-Daniels, JJ.