§Why CasetextPricing

In the Matter of Michelle Widrick, Appellant; Michael Carpinelli,, et al., Respondents.

Brief

22 Cited authorities

  1. Wien & Malkin LLP v. Helmsley-Spear, Inc.

    2006 N.Y. Slip Op. 1246 (N.Y. 2006)   Cited 389 times   2 Legal Analyses
    Applying FAA standard to intrastate dispute between two litigants in New York City

  2. Rockland

    51 N.Y.2d 1 (N.Y. 1980)   Cited 335 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."

  3. Board of Educ. v. Ambach

    70 N.Y.2d 501 (N.Y. 1987)   Cited 140 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

  4. Antinore v. State of New York

    49 A.D.2d 6 (N.Y. App. Div. 1975)   Cited 71 times
    Finding collective bargaining agreements made by "a reciprocal negotiation between forces with strengths on both sides, reflecting the reconciled interests of employer and employees, voluntarily entered into" can waive due process rights

  5. Altman v. Rossi

    107 A.D.3d 1223 (N.Y. App. Div. 2013)   Cited 9 times

    2013-06-13 William ALTMAN, Appellant, v. Margherita ROSSI et al., Respondents. Guttman & Wallace, Ithaca (W. Charles J. Guttman of counsel), for appellant. Robert G. Behnke, County Attorney, Binghamton, for respondents. LAHTINEN Guttman & Wallace, Ithaca (W. Charles J. Guttman of counsel), for appellant. Robert G. Behnke, County Attorney, Binghamton, for respondents. Before: PETERS, P.J., LAHTINEN, STEIN and GARRY, JJ. LAHTINEN, J. Appeal from an order of the Supreme Court (Tait, J.), entered March

  6. Tomlinson v. Board of Education

    223 A.D.2d 636 (N.Y. App. Div. 1996)   Cited 19 times

    January 22, 1996 Appeal from the Supreme Court, Westchester County (Silverman, J.). Ordered that the order is reversed, on the law, with costs, the motion is denied, the cross motion is granted, and the complaint is dismissed. It is well settled that where "an employer and a union enter into a collective bargaining agreement that creates a grievance procedure, an employee subject to the agreement may not sue the employer directly for breach of that agreement but must proceed * * * in accordance with

  7. 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

  8. 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

  9. Berlyn v. Board of Education

    80 A.D.2d 572 (N.Y. App. Div. 1981)   Cited 33 times

    February 9, 1981 In an action to recover damages for breach of a collective bargaining agreement, defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County, dated June 20, 1979, as denied its motion to dismiss the complaint and directed it to serve an answer. Order reversed insofar as appealed from, on the law, without costs or disbursements, motion granted and complaint dismissed. We are of the opinion that the grievance procedure contained in the collective

  10. 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