MATTER OF SCHWARTZ


74 A.D.2d 638 (1980)

In the Matter of the Arbitration between Samuel R. Schwartz, Appellant, and American Swim Pools, Div. of Urban-Suburban Recreation, Inc., Respondent

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

February 25, 1980


Judgment reversed, on the law, with $50 costs and disbursements, and application to stay arbitration granted.

Cases involving public policy considerations which are "embodied in statute or decisional law" and which "prohibit, in an absolute sense," the granting of the relief sought, should not proceed to arbitration for the resolution of the issues (Matter of Sprinzen [Nomberg], 46 N.Y.2d 623, 631). Section 21-11.2 of the...

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