Maraia v. Valentine
The plaintiffs appealed from an order vacating a prior award of summary judgment in their favor and from a judgment, based on a jury verdict, dismissing their complaint in an action for breach of contract. The defendant, an electrical contractor, was accused by Local 363, International Brotherhood of Electrical Workers, AFL-CIO, of operating a nonunion business and failing to comply with union bylaws regarding the timely filing of charges. The Supreme Court properly vacated the summary judgment, finding a triable issue of fact concerning compliance with the union's constitution. The appellate court dismissed the appeal from the intermediate order as direct appeal terminated with the entry of judgment, but affirmed the final judgment, upholding the dismissal of the complaint.