Legal Opinion
Museum of New York v. Local 1665, DC 37, AFSCME
Appellate Division of the Supreme Court of the State of New York
Decided December 9, 2004Published
1Opinion of the Court
Order, Supreme Court, New York County (Bruce Allen, J.), entered on or about January 12, 2004, which, inter alia, granted petitioner’s motion to stay arbitration pursuant to CELR article 75, unanimously affirmed, without costs.
The governing agreement sets forth what must be construed as three conditions precedent to arbitration, and since none of those conditions had been met, the court properly granted the application to stay arbitration (see Matter of County of Rockland [Primiano Constr. Co.], 51 NY2d 1, 7-8 [1980]; Matter of Asphalt Green, Inc. [Herbert Constr. Co.], 210 AD2d 21 [1994]).…
2Cases cited2 opinions
- In re the Arbitration between the County of Rockland & Primiano Construction Co.New York Court of Appeals · 1980
- In re the Arbitration between Asphalt Green, Inc. & Herbert Construction Co.Appellate Division of the Supreme Court of the State of New York · 1994