Duane Reade, Inc. v. Local 338 of Retail, Wholesale & Dept. Store Union, UFCW, AFL-CIO

In Duane Reade, Inc. v. Local 338 of Retail, Wholesale & Dept. Store Union, UFCW, AFL-CIO (3 Misc. 3d 405 [2003])--a previous action between our two parties arising out of the current labor dispute--the court applied the Martin v. Curran standard and dismissed Duane Reade's complaint because it could not plead and prove the liability of each and every union member. (Id. at 408.)