Legal Opinion
Resnick v. Serlin
Appellate Division of the Supreme Court of the State of New York
Decided April 28, 1986PublishedCited by 5 opinions
1Opinion of the Court
— In a proceeding pursuant to CPLR article 75 to stay arbitration, the appeal is from an order of the Supreme Court, Nassau County (Balletta, J.), entered March 1, 1985, which denied the application.
Order affirmed, with costs.
Although we uphold Special Term’s order which denied the petitioner’s application to stay arbitration, we do so for reasons different from those advanced by Special Term. The court should not have passed upon the issue of whether the instant arbitration proceeding was barred on the ground of res judicata by the parties’ prior arbitration award. Once it has been…
2Cases cited3 opinions
- Board of Education of Patchogue-Medford Union Free School District v. Patchogue-Medford Congress of TeachersNew York Court of Appeals · 1979
- In re the Arbitration between Board of Education, Florida Union Free School District & Florida Teachers Ass'nAppellate Division of the Supreme Court of the State of New York · 1984
- Matter of Bd. of Educ., Florida Union Free Sch. Dist.New York Court of Appeals · 1985
3Cited by5 opinions
- Philadelphia Electric Co. v. Nuclear Electric InsuranceDistrict Court, S.D. New York · 1994
- Lopez v. Parke Rose Management Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
- Progressive Northern Insurance Co. v. Sentry Insurance A Mutual Co.Appellate Division of the Supreme Court of the State of New York · 2008
- In re the Arbitration between New York Central Mutual Fire Insurance & ValoisAppellate Division of the Supreme Court of the State of New York · 2004
- Rabinovich v. ShchegolAppellate Division of the Supreme Court of the State of New York · 1998