Legal Opinion

In re Arbitration between Niagara Frontier Transportation Authority & International Longshoremen's Ass'n

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

Decided February 7, 2014Published

1Opinion of the Court

Appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered September 20, 2012 in a proceeding pursuant to CPLR article 75. The order denied the petition seeking a permanent stay of arbitration.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Supreme Court properly denied the petition seeking a permanent stay of arbitration pursuant to CPLR 7503 (b). Contrary to petitioner’s contention, a stay was not warranted on the ground of res judicata. The prior arbitration between the parties did not involve the same…

2Cases cited6 opinions

Parker v. Blauvelt Volunteer Fire Co.New York Court of Appeals · 1999
In Re the Arbitration Between Board of Education of Watertown City School District & Watertown Education Ass'nNew York Court of Appeals · 1999
In re the Arbitration between Falzone & New York Mutual Fire InsuranceNew York Court of Appeals · 2010
Xiao Yang Chen v. FischerNew York Court of Appeals · 2005
Matter of City Sch. Dist. of the City of Tonawanda v. Tonawanda Educ. Ass'nNew York Court of Appeals · 1984

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