FAIRFIELD TOWERS CONDOMINIUM ASSOCIATION v. FISHMAN


1 A.D.3d 252 (2003)

769 N.Y.S.2d 214

FAIRFIELD TOWERS CONDOMINIUM ASSOCIATION, Respondent, v. MICHAEL FISHMAN, Individually and as President of Local 32B-32J, SEIU, AFL-CIO, and as Trustee of the Building Service Pension Fund, Annuity Fund and Health Fund, Appellant, et al., Respondent.

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

November 20, 2003.


The collective bargaining agreement (CBA) between petitioner employer (Fairfield) and respondent labor union local provides that a party is entitled "to receive from the other party all expenses for counsel fees and court costs" incurred in a successful suit to compel compliance with an arbitration award rendered pursuant to the agreement. After the union prevailed in a federal court proceeding it brought to confirm an arbitration award against Fairfield (see Fishman v...

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