Albert Shanker v. Joseph Monserrat Et Al‪.‬

The first five causes of action, on their face, state valid causes of action in contract which are sufficient, if the proof on the trial shows that the intent of the parties was to enter into a binding collective bargaining agreement as to the subject matter covered in the preambles to the 1967 and 1969 collective bargaining agreements between the parties, and the proof also shows that the said subject matter was as to the terms and conditions of employment of the board's employees represented by the plaintiffs, to sustain a judgment for any damages proved by the plaintiffs (see Board of Educ., Union Free School Dist. No. 3 of Town of Huntington v Associated Teachers of Huntington, 30 N.Y.2d 122, 130; Matter of West Irondequoit Teachers Assn. v Helsby, 35 N.Y.2d 46). In sustaining the sufficiency of the first five causes of action contained in the complaint, insofar as they have been pled, we do not indicate that the plaintiffs have sustained any cognizable damage. Disposition Order affirmed insofar as appealed from, without costs.