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MARBEN REALTY CO. v. SWEENEY

87 A.D.2d 561 (1982)

Marben Realty Co., Appellant, v. John J. Sweeney, as President of Local 32b-32j, SEIU, AFL-CIO, Respondent

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

March 25, 1982

Modified, on the law, to the extent of granting the stay of arbitration, and otherwise affirmed, without costs.

Marben discharged its employee, the superintendent of the subject building. The Union, claiming wrongful discharge, served notice of intention to arbitrate upon Marben, as employer, and notice of hearing was issued by the contract arbitrator. Marben moved to stay arbitration (CPLR 7503, subd [c]) on the ground that no valid agreement to arbitrate existed...

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