Legal Opinion · Dissent

In re the Arbitration between Staklinski & Pyramid Electric Co.

New York Court of Appeals

Decided May 29, 1959Published

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

  1. J. I. Case Co. v. National Labor Relations BoardSupreme Court of the United States · 1944
  2. In Re the Arbitration Between Western Union Telegraph Co. & American Communications Ass'nNew York Court of Appeals · 1949
  3. Finsilver, Still & Moss, Inc. v. Goldberg, Maas & Co.New York Court of Appeals · 1930
  4. In Re the Arbitration Between Lipschutz & GutwirthNew York Court of Appeals · 1952
  5. Matter of Feuer Transportation, Inc. (Local No. 445)New York Court of Appeals · 1946

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