Madden v. Atkins

Madden v. Atkins (4 N.Y.2d 283 [1958]) involved a union employee who sued the union for wrongful discharge. The Court noted Martin v. Curran, yet allowed him to bring suit against the union, even though the decision was not made unanimously, so long as the decision was made on part of its members and in accordance with its constitution. Madden clarifies that it does not overrule Martin; instead, it affords a narrow exception to workers who were wrongfully expelled from employment, which should not be extended to the case at bar. In Madden, the Court stressed that although the exception applies "where damages are sought against an unincorporated union on account of libel, the rule is otherwise in cases of wrongful expulsion." (Id. at 294-295.)