Legal Opinion
Hana Heating & Air Conditioning Co. v. Sheet Metal Workers International Ass'n, Local Union No. 38
District Court, S.D. New York
Decided July 29, 1974No. 74 Civ. 689PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
BRIEANT, District Judge.
Defendant [hereinafter “Local 38”] has moved pursuant to Rule 12(b)(6), F.R.Civ.P., for an order dismissing the complaint on the ground that the cause of action asserted therein has already been determined in an arbitration proceeding heretofore conducted between the parties. For the reasons set forth below, defendant’s motion is granted.
On January 11,1972 plaintiff [hereinafter “Hana”] contracted with a third party 'to furnish and install sheet metal as required at two construction projects in Westchester County, New York. The work at these two…
2Cases cited6 opinions
- Tepper Realty Company v. Mosaic Tile CompanyDistrict Court, S.D. New York · 1966
- The Island Territory of Curacao v. Solitron Devices, Inc.Court of Appeals for the Second Circuit · 1973
- Island Territory of Curacao v. Solitron Devices, Inc.District Court, S.D. New York · 1973
- Federal Commerce & Navigation Company, Limited v. Kanematsu-Gosho, LimitedCourt of Appeals for the Second Circuit · 1972
- In re the Arbitration between Mole & Queen InsuranceAppellate Division of the Supreme Court of the State of New York · 1961
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hilowitz v. HilowitzAppellate Division of the Supreme Court of the State of New York · 1981
- Borchers v. DBL Liquidating Trust (In Re Drexel Burnham Lambert Group, Inc.)District Court, S.D. New York · 1993
- Barbarino v. Anchor Motor Freight, Inc.District Court, W.D. New York · 1976
- Dinger v. Anchor Motor Freight, Inc.District Court, S.D. New York · 1980
- Yulio v. Moore-McCormack Lines, Inc.District Court, S.D. New York · 1975