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MATTER OF NEW YORK CITY TRANSIT AUTHORITY v. SUBWAY SURFACE SUPERVISORS ASSOCIATION

299 A.D.2d 487 (2002)

749 N.Y.S.2d 890

In the Matter of NEW YORK CITY TRANSIT AUTHORITY, Appellant, v. SUBWAY SURFACE SUPERVISORS ASSOCIATION et al., Respondents.

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

Decided November 18, 2002.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent herewith.

The respondents' demand for arbitration failed to comply with the explicit provisions of CPLR 7503 (c) since it omitted the mandatory 20-day preclusion language. Therefore, it was error to grant their motion to dismiss the petition as time-barred (see CPLR 7503 [c]; Matter...

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