In re the Arbitration between City School District & Poughkeepsie Public School Teachers Ass'n

I would reverse the order of the Appellate Division and reinstate the order of Special Term.

However viewed, the unusual facts of this ease would, as the majority holds, permit persons aggrieved to gamble on two alternative procedures. It has always been of the essence of dispute determination in or out of the courts that such gambling and doubling of the burden of litigation not be permitted. It is one of the clearest kinds of “ unfairness ” to which man is sensitive. Hence, the persistence of the related doctrines, each involving a rather elemental concept of justice, of res judicata,…