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MTR. OF SAKS & CO. (SAKS FIFTH AVE.)

9 A.D.2d 325 (1959)

In the Matter of the Arbitration between Saks & Company, Inc., Respondent, and Saks Fifth Avenue Women's Shoe Sales-People Committee, Appellant

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

November 24, 1959.

Attorney(s) appearing for the Case

I. Arthur Rosenberg for appellant.

Ralph D. Ray of counsel (Chadbourne, Parke, Whiteside & Wolff, attorneys), for respondent.

VALENTE and McNALLY, JJ., concur with BREITEL, J. P.; STEVENS, J., dissents and votes to affirm, in opinion in which M. M. FRANK, J., concurs.

BREITEL, J. P.

The union appeals from an order of Special Term granting the motion of Saks & Company, the employer, to stay arbitration pursuant to a demand made under a collective bargaining agreement. The underlying dispute relates to whether one Harry Share, a member of the union and an employee of Saks, is entitled both to severance pay and to pension benefits.

Because the employer's pension plan...

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