Legal Opinion
DeMartino v. New York City Department of Transportation
Appellate Division of the Supreme Court of the State of New York
Decided November 10, 2009PublishedCited by 4 opinions
1Opinion of the Court
Judgment, Supreme Court, New York County (Joan B. Lobis, J.), entered February 19, 2009, confirming an arbitration award, unanimously affirmed, without costs.
By proceeding to arbitration without moving for a stay, respondents waived their current claims that petitioner failed to comply with the conditions precedent to arbitration, i.e., had no right to arbitrate (see Matter of Commerce & Indus. Ins. Co. v Nester, 90 NY2d 255, 261-262 [1997]), and that the arbitrator lacked jurisdiction to decide the dispute (see Matter of United Fedn. of Teachers, Local 2, AFT, AFL-CIO v Board of Educ. of…
2Cases cited4 opinions
- United Federation of Teachers, Local 2 v. Board of EducationNew York Court of Appeals · 2003
- New York City Transit Authority v. Transport Workers Union of America, Local 100New York Court of Appeals · 2002
- Commerce & Industry Insurance v. NesterNew York Court of Appeals · 1997
- Local 333, United Marine Division, International Longshoreman's Ass'n v. New York City Department of TransportationAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by4 opinions
- In re the Arbitration between State of New York & Civil Service Employees Ass'nAppellate Division of the Supreme Court of the State of New York · 2010
- Eidosmedia Inc. v. Citigroup Technology, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
- Matter of Certain Controversies Between Social Serv. Empls. Union, Local 371 v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2015
- Matter of Ghastin v. New York City Dept. of Educ.Appellate Division of the Supreme Court of the State of New York · 2019