MTR. OF N. Y. MIRROR (POTOKER)


5 A.D.2d 423 (1958)

In the Matter of the Arbitration between New York Mirror, a Division of The Hearst Corporation, Respondent, and M. Michael Potoker, Secretary-Treasurer, New York Newspaper Guild, Local 3, Appellant

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

March 25, 1958.


Attorney(s) appearing for the Case

H. Howard Ostrin of counsel (Arthur Kamell and Eugene N. Sosnoff with him on the brief; Cooper, Ostrin & De Varco, attorneys), for appellant.

John B. Siefken of counsel (McCauley, Henry & Brennan, attorneys), for respondent.

VALENTE and STEVENS, JJ., concur with McNALLY, J.; BOTEIN, P. J., concurs in result in opinion; BREITEL, J., dissents in opinion.


McNALLY, J.

Respondent-appellant has served upon the petitioner-respondent a demand for arbitration of the claim that the collective bargaining agreement between the parties applies to seven named photographers. The collective bargaining contract is for the period from November 1, 1956 to October 31, 1958. Petitioner-respondent opposes arbitration on the grounds that the alleged grievance or dispute is not an...

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