In re the Arbitration between Staklinski & Pyramid Electric Co.
New York Court of Appeals
1Dissent
Btjbke, J. (dissenting).
An arbitrators’ award of specific performance of a contract for personal services directing the issuance of a mandatory injunction against a foreign employer in behalf of a nonresident employee who has been wrongfully discharged is without precedent and violates settled principles of equity. In such a situation, the courts of this State are not bound to uphold an arbitration award that offends established principles of law and public policy.
"While a public corporation may be liable in damages for a breach of a long-term contract of employment (Douglass v. Merchants’…
2Cases cited13 opinions
- J. I. Case Co. v. National Labor Relations BoardSupreme Court of the United States · 1944
- In Re the Arbitration Between Western Union Telegraph Co. & American Communications Ass'nNew York Court of Appeals · 1949
- Finsilver, Still & Moss, Inc. v. Goldberg, Maas & Co.New York Court of Appeals · 1930
- In Re the Arbitration Between Lipschutz & GutwirthNew York Court of Appeals · 1952
- Matter of Feuer Transportation, Inc. (Local No. 445)New York Court of Appeals · 1946
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