Legal Opinion
In re the Arbitration between County of Dutchess & Bridgman
Appellate Division of the Supreme Court of the State of New York
Decided November 14, 1988PublishedCited by 3 opinions
1Opinion of the Court
In a proceeding pursuant to CPLR article 75 to stay arbitration, the appeal is from a judgment of the Supreme Court, Dutchess County (Jiudice, J.), entered December 11, 1987, which granted the application.
Ordered that the judgment is affirmed, with costs.
Contrary to the appellant’s contentions, the Supreme Court properly entertained the petitioner’s application to stay arbitration on the ground that the claim sought to be arbitrated was not one which the parties had agreed to arbitrate under their collective bargaining agreement. That issue is one for the court to determine (see, Sisters of…
2Cases cited4 opinions
- In re the Arbitration between the County of Rockland & Primiano Construction Co.New York Court of Appeals · 1980
- Sisters of Saint John the Baptist, Providence Rest Convent v. Phillips R. Geraghty Constructor, Inc.New York Court of Appeals · 1986
- County of Rockland v. Rockland County UnitAppellate Division of the Supreme Court of the State of New York · 1986
- Hudson Watch Associates v. H.F.S. Electrical, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
3Cited by3 opinions
- In re the Arbitration between Barnes & Council 82, AFSCMEAppellate Division of the Supreme Court of the State of New York · 1997
- Schade v. Town of WallkillAppellate Division of the Supreme Court of the State of New York · 1997
- City of Cohoes v. Uniform Firefighters of Cohoes, Local 2562New York Supreme Court · 1998