¶1I prefer to base my concurrence on the last ground stated in the opinion i. e., the failure to show any breach by the union of its duty of fair representation.
¶2Murphy, J.P., Lupiano and Nunez, JJ., concur with Capozzoli, J.; Silverman, J., concurs in an opinion.
¶3Judgment, Supreme Court, New York County, entered on July 22, 1974, unanimously modified, on the law and the facts, without costs and without disbursements, to dismiss the complaint as to appellant union.