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Decided on June 20, 2003
Supreme Court, New York County

118056/01
Marcy S. Friedman, J.
In this personal injury action, plaintiff, a security guard employed by non-party New York Waterways ("Waterways"), alleges that he was assaulted on October 4, 2000, while attempting to remove members of defendant Local 100 Transportation Workers Union of America ("Local 100") and defendant Transport Workers Union of America ("TWU") from Waterways' property during a union organizing activity. In particular, plaintiff alleges that defendant Frank McCann Jr. ("McCann"), a member of both defendant unions, and the "John Doe defendants," also members, punched plaintiff in the face and neck. Defendant Sonny Hall, in his representative capacity as president of TWU, moves to dismiss the complaint against TWU, pursuant to CPLR 3211(a)(7), for failure to state a cause of action.
The second amended complaint ("complaint") alleges twelve causes of action against the TWU: The first, second, third, fifth, sixth, seventh, and eighth causes of action allege intentional torts for assault, battery, intentional infliction of emotional distress, false imprisonment, conspiracy to commit trespass, assault and battery, prima facie tort, and aiding and abetting the assault, respectively. The fourth, tenth, and eleventh causes of action against TWU allege negligent infliction of emotional distress and negligence, respectively. The ninth cause of action alleges vicarious liability, while the twelfth cause of action seeks punitive damages for the trespass and assault.
It is well settled that a motion to dismiss under CPLR 3211(a)(7) "must be denied if from the pleadings' four corners 'factual allegations are discerned which taken together manifest any cause of action cognizable at law.' " (511 W. 232nd Owners Corp. v Jennifer Realty Co., 98 NY2d 144, 152 [2002] [internal citations omitted].) In determining a motion to dismiss, the court must [*2]"liberally construe the complaint, and accept as true the facts alleged in the complaint and any submissions in opposition to the dismissal motion. [The court must] also accord plaintiffs the benefit of every possible favorable inference." (Id.)
Intentional Torts
Under New York law, it has long been held that actions against a union for "tortious wrongs" are limited "to cases where the individual liability of every single member can be alleged and proven." (Martin v Curran, 303 NY 276, 282 [1951].) This limitation on a union's liability grows out of the common law precept, codified by statute (see General Associations Law

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New York Law