Legal Opinion

In re the Arbitration between Von Roll Isola USA, Inc. & International Union of Electronic

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

Decided April 10, 2003PublishedCited by 2 opinions

1Opinion of the CourtLahtinen, J.

Appeal from an order of the Supreme Court (Kramer, J.), entered June 10, 2002 in Schenectady County, which granted petitioner’s application pursuant to CPLR 7503 to stay arbitration between the parties.

In January 1995, petitioner’s corporate predecessor, Insulating Materials, Inc. (hereinafter IMI), terminated the employment of David Stringham, a member of respondent labor union. The termination was withdrawn when IMI, Stringham and respondent executed a last chance agreement, which provided in relevant part: “Any future violations of IMI’s Code of Conduct, regardless of the gravity of the…

2Cases cited5 opinions

  1. International Union of Operating Engineers, Local 351 v. Cooper Natural Resources, Inc.Court of Appeals for the Fifth Circuit · 1999
  2. In re the Arbitration between County of AlbanyAppellate Division of the Supreme Court of the State of New York · 1985
  3. Wolfe v. JurczynskiAppellate Division of the Supreme Court of the State of New York · 1998
  4. Smith v. ITT STANDARDDistrict Court, W.D. New York · 1993
  5. In re the Arbitration between Amalgamated Transit Union & Capital District Transit SystemAppellate Division of the Supreme Court of the State of New York · 2002

3Cited by2 opinions

  1. In re Arbitration between Campbell & State of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
  2. Mele v. New York State Office of General ServicesAppellate Division of the Supreme Court of the State of New York · 2007

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