Legal Opinion
County of Nassau v. Civil Service Employees Ass'n
Appellate Division of the Supreme Court of the State of New York
Decided January 10, 2005PublishedCited by 2 opinions
1Opinion of the Court
In a proceeding pursuant to CPLR article 75 to stay arbitration of an employee disciplinary dispute, the appeal is from an order of the Supreme Court, Nassau County (Cozzens, J.), entered November 25, 2003, which granted the petition and denied the cross petition to compel arbitration.
Ordered that the order is affirmed, with costs.
“Generally, under New York statutory and case law, a court may address three threshold questions on a motion to compel or to stay arbitration: (1) whether the parties made a valid agreement to arbitrate; (2) if so, whether the agreement has been complied with; and…
2Cases cited4 opinions
- In re the Arbitration between the County of Rockland & Primiano Construction Co.New York Court of Appeals · 1980
- Smith Barney, Harris Upham & Co. v. LuckieNew York Court of Appeals · 1995
- Smith Barney Shearson Inc. v. SacharowNew York Court of Appeals · 1997
- County of Nassau v. Civil Service Employees Ass'nAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by2 opinions
- Da Silva v. SavoAppellate Division of the Supreme Court of the State of New York · 2006
- Matter of Allstate Ins. Co. v. LaldharryAppellate Division of the Supreme Court of the State of New York · 2015