Appellate Division of the Supreme Court of the State of New York May 11, 1981 (Lewis v. Bendet)

— In an action to recover damages for breach of a union’s duty of fair representation, plaintiff appeals (1) from an order and judgment (one paper) of the Supreme Court, Queens County, dated May 29, 1980, which, upon plaintiff’s default, granted respondents’ motion to dismiss the action for failure to serve an amended complaint and dismissed the action as against respondents, and (2) from an