Laborers' International Union of North America v. Stimm Associates, Inc.

— Order unanimously modified on the law, and as modified affirmed with costs to petitioner, in accordance with the following memorandum: It was error for the court to reserve decision on petitioner’s motion to compel arbitration and respondent’s- motion to stay arbitration pending discovery to determine the accrual date of petitioner’s claim. A proceeding by the union against its employer to compel arbitration under a collective bargaining agreement is governed by a six-month Statute of Limitations which begins to run when the employer refuses arbitration (Matter of Laborers Intl. Union v…