Appellate Division of the Supreme Court of the State of New York February 2, 1981 (Santos v. Security & Law Enforcement Employees)

In an action by a prison guard to recover damages from his union for alleged breach of the union’s duty of fair representation, the defendant appeals from so much of an order of the Supreme Court, dated August 15, 1979, and entered in Dutchess County, as denied the branches of its motion which sought (1) to dismiss the third and fifth causes of action and (2) to add the New York State Department