Legal Opinion

In re Towns & James, Inc.

New York Supreme Court

Decided March 23, 1944PublishedCited by 5 opinions

1Opinion of the CourtEder, J.

Motion to stay arbitration is granted. I see no need to order the preliminary trial mentioned in section 1458 of the Civil Practice Act for I see no factual issue involved. It is the claim of the union that there is involved a dispute with the employer concerning the question of sick leave with pay for any employee of the company.

The final agreement of the parties provides for arbitration of any dispute arising by virtue of the provisions of the contract. It is conceded in the opposing affidavit that there is no clause in the contract providing for sick leave, but it is claimed that the…

2Cited by5 opinions

  1. In re BergerNew York Supreme Court · 1948
  2. In re the Arbitration between General Electric Co. & United Electrical, Radio & Machine Workers of AmericaNew York Supreme Court · 1949
  3. In Re the Arbitration Between Otis Elevator Co. & CarneyNew York Court of Appeals · 1959
  4. In re the Arbitration between Strauss Stores Corp. & Local 830 Retail & Wholesale Employees UnionNew York Supreme Court · 1947
  5. In re the Arbitration between Brookside Mills, Inc. & Raybrook Textile Corp.Appellate Division of the Supreme Court of the State of New York · 1950

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