MATTER OF BD. OF EDUC. OF THE DOVER UNION FREE SCH. DIST. v. DOVER-WINGDALE TEACHERS' ASS'N


61 N.Y.2d 913 (1984)

In the Matter of the Board of Education of the Dover Union Free School District, Appellant, v. Dover-Wingdale Teachers' Association, Respondent.

Court of Appeals of the State of New York.

Decided March 20, 1984.


Attorney(s) appearing for the Case

David S. Shaw for appellant.

Kevin H. Harren and Bernard F. Ashe for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Any limitation upon the remedial power of the arbitrator must be clearly contained, either explicitly or incorporated by reference, in the arbitration clause itself. (Matter of Silverman [Benmor Coats], 61 N.Y.2d 299.) To infer a limitation from an ambiguous and general clause in the substantive...

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