MATTER OF TESCHNER (LIVINGSTON)


285 A.D. 435 (1955)

In the Matter of the Arbitration between Maurice Teschner, Appellant, and David Livingston, as President of District 65, Distributive, Processing and Office Workers of New York and New Jersey, C. I. O., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

February 23, 1955.


Attorney(s) appearing for the Case

Murray I. Sommer of counsel (Bogart & Lonergan, attorneys), for appellant.

Irving Rozen of counsel (Milton C. Weisman with him on the brief; Weisman, Allan, Spett & Sheinberg, attorneys), for respondents.

BREITEL and RABIN, JJ., concur with BOTEIN, J.; COHN, J. P., and CALLAHAN, J., dissent in opinion.


BOTEIN, J.

Petitioner, an individual engaged in a small business, whose only employee was a shipping clerk, entered into a collective bargaining agreement with respondent union containing a sweeping arbitration clause, as well as the following provision: "The Employer shall have the absolute right to go out of business at any time during the term of this agreement and such right shall not be questioned by the...

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