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MATTER OF LABORERS INT'L UNION OF NORTH AM., LOCAL 210, AFL-CIO v. SHEVLIN-MANNING, INC.

147 A.D.2d 976 (1989)

In the Matter of Laborers International Union of North America, Local 210, AFL-CIO, Respondent, v. Shevlin-Manning, Inc., Appellant. (Appeal No. 1.)

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

February 3, 1989

Judgment unanimously reversed on the law with costs and petition dismissed.

Memorandum:

Special Term erred in concluding that this proceeding merely sought the enforcement of a contract and that the New York Statute of Limitations (CPLR 213) applied. A special proceeding to compel arbitration under a collective bargaining agreement is governed by Federal law (Matter of Long Is. Lbr. Co. [Martin], 15 N.Y.2d 380, 382...

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