§Why CasetextPricing

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

Brief

22 Cited authorities

  1. 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."

  2. 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

  3. Matter of Exercycle Corp.

    9 N.Y.2d 329 (N.Y. 1961)   Cited 181 times
    In Matter of Exercycle Corp., 9 N.Y.2d 329, 214 N.Y.S.2d 353, 174 N.E.2d 463 (1961), the court stated that questions as to the validity of the contract at common law were for the arbitrators; however, issues of invalidity involving matters of public policy, such as fraud or duress, should be retained by the courts.

  4. Cooper v. Bruckner

    21 A.D.3d 758 (N.Y. App. Div. 2005)   Cited 43 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

  5. Buff v. Vill. of Manlius

    115 A.D.3d 1156 (N.Y. App. Div. 2014)   Cited 14 times

    2014-03-21 Philip BUFF, Plaintiff–Appellant, v. VILLAGE OF MANLIUS and Mark–Paul Serafin, Mayor, Village of Manlius, Defendants–Respondents. Thomas J. Jordan, Albany, for Plaintiff–Appellant. Bond, Schoeneck & King, PLLC, Syracuse (Colin M. Leonard of Counsel), for Defendants–Respondents. Thomas J. Jordan, Albany, for Plaintiff–Appellant. Bond, Schoeneck & King, PLLC, Syracuse (Colin M. Leonard of Counsel), for Defendants–Respondents. PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, SCONIERS, AND VALENTINO

  6. Matter of Long Is. Lbr. Co.

    15 N.Y.2d 380 (N.Y. 1965)   Cited 85 times
    In Matter of Long Is. Lbr. Co. (Martin) (15 N.Y.2d 380, 382-383) the court stated: "Since the arbitration clause is part of a collective bargaining contract, its interpretation and enforcement come within the terms of subdivision (a) of section 301 of the Labor Management Relations Act * * * Because of this legislation such cases are not dealt with as a matter of State contract law and, although State courts have jurisdiction in such cases as this, the Federal law must be followed".

  7. Matter City School Dist., Poughkeepsie

    35 N.Y.2d 599 (N.Y. 1974)   Cited 51 times

    Argued November 18, 1974 Decided December 20, 1974 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN P. DONOHOE, J. Lloyd L. Rosenthall and Joseph D. Quinn, Jr. for appellant. James R. Sandner and Bernard F. Ashe for respondent. JONES, J. In the somewhat unusual circumstances of this case we hold that parallel procedures, each designed to challenge the refusal of a school district to appoint a teacher to a specified position, may go forward concurrently

  8. Zurich Insurance Company v. R. Elec

    5 A.D.3d 338 (N.Y. App. Div. 2004)   Cited 10 times
    Holding that, under New York law, "the question of whether the overall agreement is invalid is for the arbitrators" to decide

  9. Livingston Cnty. v. Civil Serv. Emps. Ass'n, Inc., Local 1000, Afscme, AFL–CIO

    101 A.D.3d 1697 (N.Y. App. Div. 2012)   Cited 1 times

    2012-12-21 In the Matter of the Arbitration Between LIVINGSTON COUNTY, Petitioner–Appellant, and CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL–CIO, Livingston County Employees Local 826 and Livingston County Employees Unit, Respondents–Respondents. Osborn, Reed & Burke, LLP, Rochester (David W. Lippitt of Counsel), for Petitioner–Appellant. Creighton, Johnsen & Giroux, Buffalo (Jonathan G. Johnsen of Counsel), for Respondents–Respondents. Osborn, Reed & Burke, LLP, Rochester

  10. Matter of Diaz v. Pilgrim State Psychiatric Center

    62 N.Y.2d 693 (N.Y. 1984)   Cited 27 times
    In Diaz, we held that the petitioner had standing to seek vacatur of the arbitral award, even though he was not individually named as a party in the caption of the arbitration proceeding and was initially represented by a union attorney (see, id.).