Laborers International Union of North America, Local 210 v. Shevlin-Manning, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Judgment unanimously reversed on the law with costs and petition dismissed. Memorandum: Special Term erred in concluding that this proceeding merely sought the enforcement of a contract and that the New York Statute of Limitations (CPLR 213) applied. A special proceeding to compel arbitration under a collective bargaining agreement is governed by Federal law (Matter of Long Is. Lbr. Co. [Martin], 15 NY2d 380, 382-383; see also, Milk Drivers & Dairy Employees Union Local No. 338 v Dairymen’s League Co-op. Assn., 304 F2d 913). Under Federal law, the six-month Statute of Limitations set forth…
2Cases cited2 opinions
- Matter of Long Is. Lbr. Co.(martin)New York Court of Appeals · 1965
- Nichter Associates, Inc. v. Laborers' International Union of North AmericaDistrict Court, W.D. New York · 1987
3Cited by1 opinion
- Laborers' International Union of North America v. Stimm Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1989