LEARY v. LOCAL 1968, I.B.E.W.-A.F.L.-C.I.O.


34 A.D.2d 998 (1970)

Henry Leary, Doing Business as Henry Leary Pump and Tank Company, Respondent, v. Local 1968, I.B.E.W.-A.F.L.-C.I.O., Appellant

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

June 22, 1970


Order reversed, on the law, without costs, and proceeding remitted to Special Term (1) for trial of the issue as to whether there is a valid contract for the arbitration and (2) for such further proceedings as Special Term may direct, not inconsistent herewith.

The findings of fact below have not been affirmed. The record establishes a triable issue of fact whether a valid contract exists pursuant to which appellant had the right to promulgate arbitration of the dispute...

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