5700, 5800, 5900 ARLINGTON AVE. ASSOCS. v. CHARTIER


211 A.D.2d 429 (1995)

621 N.Y.S.2d 860

5700, 5800, 5900 Arlington Avenue Associates, Respondent, v. Robert L. Chartier, as President of Service Employees International Union, Local 32e, AFL-CIO, Defendant, and Westcroft Realty Corp., Appellant

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

January 10, 1995


The IAS Court's findings in a previous order denying a stay of arbitration do not have a preclusive effect on plaintiff on the issue of Westcroft's alleged ultra vires conduct in executing the collective bargaining agreement on plaintiff's behalf without prior approval. Contrary to Westcroft's argument, the IAS Court never found that plaintiff ratified Westcroft's execution of that agreement. Thus, the IAS Court properly denied Westcroft's motion for summary judgment inasmuch...

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