Legal Opinion

Bevona v. Valencia

Appellate Division of the Supreme Court of the State of New York

Decided March 4, 1993PublishedCited by 2 opinions

1Opinion of the Court

—Order, Supreme Court, New York County (Edward Greenfield, J.), entered January 24, 1992, which denied respondent’s motion for a stay of enforcement of judgment and a reopening of arbitration proceedings, unanimously affirmed, without costs.

Respondent claims that he is not a party to the collective bargaining agreement, the validity of which is not questioned. While a party may seek a judicial determination as to whether that party has agreed to arbitration (see, Sisters of St. John the Baptist v Geraghty Constructor, 67 NY2d 997, 998), the time to do so is before arbitration commences, and…

2Cases cited3 opinions

Sisters of Saint John the Baptist, Providence Rest Convent v. Phillips R. Geraghty Constructor, Inc.New York Court of Appeals · 1986
In re the Arbitration between Harris & East India Trading Co.New York Supreme Court · 1955
Max Bayroff Corp. v. Showplace Bowling Center, Inc.Appellate Division of the Supreme Court of the State of New York · 1992

3Cited by2 opinions

In re the Arbitration between Bevona & Alma RealtyAppellate Division of the Supreme Court of the State of New York · 1994
In re the Arbitration between Iron Workers Local Union No. 361 & Ornamental Iron WorkersAppellate Division of the Supreme Court of the State of New York · 1996