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MATTER OF CAPITAL CITIES/ABC, INC.

188 A.D.2d 441 (1992)

In the Matter of the Arbitration between Capital Cities/ABC, Inc., Respondent, and Writers Guild of America, East, Inc., Appellant

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

December 29, 1992

Whether or not the July, 1990 letter agreement between the parties was intended to preclude arbitration of this particular dispute was for the court to decide since arbitration can be had only upon the parties' clear agreement to arbitrate the pertinent dispute (Sisters of St. John the Baptist v Geraghty Constructor, 67 N.Y.2d 997, 998). Here, by the terms of a special agreement, there was to be no arbitration if a specific employee...

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