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MATTER OF ITT AVIS, INC. v. TUTTLE

27 N.Y.2d 571 (1970)

In the Matter of ITT Avis, Inc., Respondent, v. Robert N. Tuttle, Appellant.

Court of Appeals of the State of New York.

Decided May 28, 1970.

Attorney(s) appearing for the Case

Andrew M. Calamari and Richard deY. Manning for appellant.

John M. Armentano for respondent.

Judges SCILEPPI and BERGAN concur; Judges BREITEL and JASEN concur in a separate memorandum; Judge BURKE dissents and votes to modify in a separate opinion in which Chief Judge FULD and Judge GIBSON concur.

MEMORANDUM.

The arbitration clause contained in the employment contract provided: "Any controversy concerning a question of fact arising under this agreement shall be determined by arbitration in accordance with the rules then in effect of the AMERICAN ARBITRATION ASSOCIATION." (Emphasis added.)

While it is true that the employment contract makes mention of the stock option plan, there is absolutely no indication...

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