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MATTER OF WILLOUGHBY REALTY & MGMT. CO., INC.

9 A.D.2d 889 (1959)

In the Matter of the Arbitration between Willoughby Realty & Management Co., Inc., Appellant, and New York State Independent Union of Building Service Employees and Factory Workers, Local 2, Respondent

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

December 15, 1959

Order appealed from reversed, on the facts and on the law, with $20 costs and disbursements to appellant, the petitioner's motion is granted, with $10 costs, and the arbitration stayed.

Under the provisions of the collective bargaining agreement the employers had the right to lay off employees "in good faith and in the exercise of * * * sound business judgment." Unlike the situation in Matter of Otis Elevator Co. (Carney) (6 N.Y.2d 358

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