21 Cited authorities

  1. Rockland

    51 N.Y.2d 1 (N.Y. 1980)   Cited 318 times
    Holding that "if the court concludes that, while the parties may have made a valid agreement to arbitrate, the particular agreement that they made was of limited or restricted scope and the particular claim sought to be arbitrated is outside that scope, there will likewise be a stay of arbitration or a denial of the motion to compel arbitration."
  2. Board of Educ. v. Ambach

    70 N.Y.2d 501 (N.Y. 1987)   Cited 126 times
    Holding that in the absence of a breach of the union's duty of fair representation, the failure to exhaust all contractual remedies, including arbitration bars the employee's right to sue the employer directly
  3. Cooper v. Bruckner

    21 A.D.3d 758 (N.Y. App. Div. 2005)   Cited 40 times

    September 8, 2005. Order, Supreme Court, New York County (Robert D. Lippmann, J.), entered May 12, 2004, which granted the petition to stay arbitration, unanimously reversed, on the law, without costs, the petition denied and the proceeding dismissed. Before: Tom, J.P., Andrias, Marlow, Sullivan and Catterson, JJ. This dispute arises out of certain agreements relating to a New York limited liability partnership in which respondent Bruckner was a non-equity partner and petitioner Cooper was a managing

  4. Blamowski

    91 N.Y.2d 190 (N.Y. 1997)   Cited 48 times
    In Blamowski, the demand for arbitration failed to include the requisite notice provision and the respondent therein did not participate in the arbitration proceeding.
  5. City of Long Beach v. Long Beach Prof'l Firefighters Ass'n

    136 A.D.3d 813 (N.Y. App. Div. 2016)

    2013-11288 Index No. 965/13. 02-10-2016 In the Matter of CITY OF LONG BEACH, respondent, v. LONG BEACH PROFESSIONAL FIREFIGHTERS ASSOCIATION, LOCAL 287, et al., appellants. Law Offices of Louis D. Stober, Jr., LLC, Garden City, N.Y. (Albina Kataeva of counsel), for appellants. Robert M. Agostisi, Corporation Counsel, Long Beach, N.Y., for respondent. Law Offices of Louis D. Stober, Jr., LLC, Garden City, N.Y. (Albina Kataeva of counsel), for appellants. Robert M. Agostisi, Corporation Counsel, Long

  6. Matter of Barnes v. Council 82

    731 N.E.2d 134 (N.Y. 2000)   Cited 12 times   1 Legal Analyses

    Argued February 23, 2000 May 9, 2000. Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department. Hite Casey, P.C., Albany (Michael G. Weisberg of counsel), for appellant. Gordon, Siegel, Mastro, Mullaney, Gordon Galvin, P.C. Latham (Jeffrey T. Culkin of counsel), for respondent. ROSENBLATT, J.: After having paid a corrections employee disability benefits for a three-year period, the Schenectady County Sheriff's Department directed him to report for light duty pursuant

  7. Matter of Cartier v. County of Nassau

    281 A.D.2d 477 (N.Y. App. Div. 2001)   Cited 10 times

    Submitted February 14, 2001. March 12, 2001. In a proceeding pursuant to General Municipal Law § 50-e(5) for leave to serve a late notice of claim, the appeal is from so much of an order of the Supreme Court, Nassau County (DiNoto, J.), entered April 12, 2000, as, upon the granting of the appellants' motion to vacate their default in opposing the petition, granted the petition. Alfred F. Samenga, County Attorney, Mineola, N.Y. (Tara Talmadge of counsel), for appellants. T. Glenn Hoffman, Bay Shore

  8. N.Y. City Trans. Auth. v. Philbert Gorrick

    72 A.D.3d 518 (N.Y. App. Div. 2010)   Cited 2 times

    April 15, 2010. Order, Supreme Court, New York County (Marilyn Shafer, J.), entered July 27, 2009, which, in an action seeking restitution of monies allegedly fraudulently obtained pursuant to an arbitration award in a disability discrimination action, inter alia, granted defendant's motion to stay the action and compel arbitration, unanimously reversed, on the law, without costs, the motion denied and the stay vacated. Before: Andrias, J.P., McGuire, Moskowitz, Acosta and DeGrasse, JJ. The court

  9. Wolfson v. Preventative Medicine Clinical

    26 A.D.3d 751 (N.Y. App. Div. 2006)   Cited 5 times

    CA 05-01432 February 3, 2006. Appeal from an order of the Supreme Court, Onondaga County (Thomas J. Murphy, J.), entered August 19, 2004. The order granted defendants' motion for summary judgment dismissing the complaint and denied plaintiff's cross motion for partial summary judgment. CHAMBERLAIN, D'AMANDA, OPPENHEIMER GREENFIELD, LLP, ROCHESTER (MATTHEW J. FUSCO OF COUNSEL), FOR PLAINTIFF-APPELLANT. ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (WILLIAM E. STORRS OF COUNSEL), FOR DEFENDANTS-RESPONDENTS

  10. In re of N.Y. Central Mutual Fire

    9 A.D.3d 833 (N.Y. App. Div. 2004)   Cited 6 times

    CA 03-02386. July 9, 2004. Appeal from an order of the Supreme Court, Erie County (John F. O'Donnell, J.), entered April 1, 2003. The order denied the petition for an order permanently staying arbitration. Present — Pigott, Jr., P.J., Green, Wisner, Scudder and Gorski, JJ. It is hereby ordered that the order so appealed from be and the same hereby is reversed on the law without costs and the petition is granted. Memorandum: Respondent submitted claims for no-fault insurance benefits for injuries