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MATTER OF IRON WORKERS LOCAL UNION NO. 361 OF THE INT'L ASS'N OF BRIDGE, STRUCTURAL & ORNAMENTAL IRON WORKERS, AFLCIO

232 A.D.2d 322 (1996)

648 N.Y.S.2d 572

In the Matter of the Arbitration between Iron Workers Local Union No. 361 of the International Association of Bridge, Structural and Ornamental Iron Workers, AFL-CIO, et al., Respondents, and TPK Construction Co., Appellant

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

October 29, 1996

The IAS Court correctly held that respondent waived its claim that the dispute was not arbitrable. With respect to a party who was served with a notice of intent to arbitrate, the time to seek a judicial determination of arbitrability is before arbitration commences, and not in response to an application to confirm the award (Bevona v Valencia, 191 A.D.2d 192). The IAS Court also properly declined to address respondent's claim of...

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