Robin Court Condominium v. Local 32B-32J

Order, Supreme Court, New York County (Harold Tompkins, J.), entered November 28, 1994, which denied petitioner’s application seeking a preliminary injunction pursuant to CPLR 7503 (b) staying an arbitration and dismissed the petition, unanimously affirmed, without costs.

The IAS Court properly deferred to the arbitrator the question of whether the conduct of the parties terminated, modified or renewed their collective bargaining agreement. The parties’ agreement, which had by its own terms expired, contained a broad arbitration provision and an "evergreen clause”, which provided that the…