New York City Transit Authority v. Gorrick

Order, Supreme Court, New York County (Marilyn Shafer, J.), entered July 27, 2009, which, in an action seeking restitution of monies allegedly fraudulently obtained pursuant to an arbitration award in a disability discrimination action, inter alia, granted defendant’s motion to stay the action and compel arbitration, unanimously reversed, on the law, without costs, the motion denied and the stay vacated.

The court erred in granting the motion to compel arbitration pursuant to a collective bargaining agreement between plaintiff, defendant’s former employer, and defendant’s former union, a…