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HEIMLICH v. LITHOGRAPHING

103 Misc.2d 741 (1979)

Richard Heimlich, Plaintiff, v. Charlton Lithographing, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

December 21, 1979.

Attorney(s) appearing for the Case

Cammer & Shapiro, P. C. (Ralph Shapiro of counsel), for defendants. Allen M. Schwartz for plaintiff.

BENTLEY KASSAL, J.

ISSUES

This application involves two issues. They are:

(a) Is the court empowered under CPLR 7503 (subd [a]) to stay legal action because of an arbitration agreement binding upon plaintiff's union despite the court's inability to compel the parties to submit to arbitration?

(b) Will the performance of work, labor and services by a party satisfy the requirements of...

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