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


155 A.D.2d 986 (1989)

In the Matter of Laborers' International Union of North America, Local 210, AFL-CIO, Appellant, v. Stimm Associates, Inc., et al., Respondents

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

November 15, 1989


Order unanimously modified on the law, and as modified affirmed with costs to petitioner, in accordance with the following memorandum:

It was error for the court to reserve decision on petitioner's motion to compel arbitration and respondent's motion to stay arbitration pending discovery to determine the accrual date of petitioner's claim. A proceeding by the union against its employer to compel arbitration under a collective bargaining agreement is governed by a...

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