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Rutter v. Julien J. Studley, Inc.

Appellate Division of the Supreme Court of New York, First Department
Nov 20, 1997
244 A.D.2d 239 (N.Y. App. Div. 1997)

Opinion

November 20, 1997

Appeal from the Supreme Court, New York County (Richard Lowe, III, J.)


Plaintiff's various causes of action are all impermissible collateral attacks on the intracompany arbitration and award of his dispute with his co-employee and partner, concerning which he agreed in writing to be bound and did not bring a proceeding pursuant to CPLR 7511 (a) to vacate. No issues of facts exist as to whether plaintiff's employment was other than one at will (see, Wieder v. Skala, 80 N.Y.2d 628, 633), in the context of which defendant employer had the right to impose any terms it chose on plaintiff's continued employment (see, General Elec. Tech. Servs. Co. v. Clinton, 173 A.D.2d 86, 88, lv denied 79 N.Y.2d 759), including plaintiff's agreement to be bound by the results of the arbitration. We have considered plaintiff's other arguments and find them to be without merit.

Concur — Murphy, P. J., Milonas, Ellerin and Tom, JJ.


Summaries of

Rutter v. Julien J. Studley, Inc.

Appellate Division of the Supreme Court of New York, First Department
Nov 20, 1997
244 A.D.2d 239 (N.Y. App. Div. 1997)
Case details for

Rutter v. Julien J. Studley, Inc.

Case Details

Full title:MITCHELL RUTTER, Appellant, v. JULIEN J. STUDLEY, INC., et al., Respondents

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 20, 1997

Citations

244 A.D.2d 239 (N.Y. App. Div. 1997)
664 N.Y.S.2d 294

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