Brown v. V&R Advertising, Inc.

Kupferman, J. (dissenting).

Were it not for the determination in Welch v Mr. Christmas (57 NY2d 143), I would agree to affirm.

The plaintiff here, an actor, performed in a television commercial. The defendants are the producer and those using the commercial to advertise their products. The plaintiff is a member of the American Federation of Television and Radio Artists (AFTRA), which union entered into a collective bargaining agreement with the producers in the entertainment industry. This agreement has a broad arbitration clause covering all disputes and controversies. The users of the…