Legal Opinion

Laborers International Union of North America, Local 210 v. Shevlin-Manning, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided February 3, 1989No. Appeal No. 1PublishedCited by 1 opinion

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

  1. Matter of Long Is. Lbr. Co.(martin)New York Court of Appeals · 1965
  2. Nichter Associates, Inc. v. Laborers' International Union of North AmericaDistrict Court, W.D. New York · 1987

3Cited by1 opinion

  1. Laborers' International Union of North America v. Stimm Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1989

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