MATTER OF LONG IS. LBR. CO. (MARTIN)


15 N.Y.2d 380 (1965)

In the Matter of the Arbitration between Long Island Lumber Co., Inc., Respondent, and Harry C. Martin, as President of Demolition, Debris Haulers, Used Materials and Scrap Metal Chauffeurs, Helpers and Loaders, Local Union No. 824, Affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, et al., Appellants.

Court of Appeals of the State of New York.

Decided April 15, 1965.


Attorney(s) appearing for the Case

Samuel J. Cohen and Stanley M. Berman for appellants.

Herbert Burstein and Harold Michaels for respondent.

Chief Judge DESMOND and Judges DYE, FULD, SCILEPPI and BERGAN concur with Judge BURKE; Judge VAN VOORHIS dissents and votes to affirm.


BURKE, J.

The union appeals from a decision of the Appellate Division which affirmed, by a divided court, an order of the Special Term staying arbitration.

The main issue presented for review is whether the courts below were correct on the facts of this case in reaching the question of whether or not the parties had followed the steps preliminary and necessary to the final arbitration step required by...

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