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AHMAD v. NASSAU HEALTH CARE CORP

Appellate Division of the Supreme Court of New York, Second Department.
Dec 9, 2002
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DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

Construing the complaint in the light most favorable to the plaintiffs (see generally Leon v. Martinez, 84 N.Y.2d 83; Guggenheimer v. Ginzburg, 43 N.Y.2d 268; Rovello v. Orfino Realty Co., 40 N.Y.2d 633), the Supreme Court correctly determined that the plaintiffs failed to allege a cause of action to recover damages for breach of contract for violating section 14 of the parties' Collective Bargaining Agreement (see Public Authorities Law § 3403; Civil Service Law §§ 75[c], 80-a; Leon v. Lukash, 178 A.D.2d 583).

FLORIO, J.P., FEUERSTEIN, McGINITY and SCHMIDT, JJ., concur.