MATTER OF BIRCHWOOD MGMT. CORP. v. LOCAL 670, STATIONARY ENG'RS, RWDSU, AFL-CIO


154 A.D.2d 531 (1989)

In the Matter of Birchwood Management Corp., Appellant, v. Local 670, Stationary Engineers, RWDSU, AFL-CIO, Respondent

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

October 16, 1989


Ordered that the order is affirmed, with costs.

The petitioner contends that a stay of arbitration is warranted on the ground that, as a result of a prior arbitration, there no longer exists any bona fide dispute to arbitrate. The petitioner further contends that the doctrine of res judicata is applicable, and the issues in the instant case were resolved in the earlier arbitration. We disagree. Where, as in this case, the grievance is within the scope of the broad...

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