JENKINS v. FINK BAKING CORP.


117 A.D.2d 713 (1986)

William Jenkins, Respondent, v. Fink Baking Corp., Appellant

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

February 18, 1986


Order reversed insofar as appealed from, with costs, order dated September 26, 1984 vacated, motion granted, and complaint dismissed.

The defendant employer correctly asserts that a prior arbitration award, which found simply that the plaintiff William Jenkins was discharged for just cause, was a "final and definite award on the subject matter submitted" (cf. CPLR 7511 [b] [1] [iii]), and, thus, pursuant to the principle of res judicata, bars relitigation of...

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