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IN THE MATTER OF MUSEUM OF THE CITY OF NEW YORK v. LOCAL 1665, DC 37, AFSCME, AFL-CIO

13 A.D.3d 129 (2004)

785 N.Y.S.2d 688

In the Matter of THE MUSEUM OF THE CITY OF NEW YORK, Respondent, v. LOCAL 1665, DC 37, AFSCME, AFL-CIO, Respondent-Appellant.

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

December 9, 2004.

The governing agreement sets forth what must be construed as three conditions precedent to arbitration, and since none of those conditions had been met, the court properly granted the application to stay arbitration (see Matter of County of Rockland [Primiano Constr. Co.], 51 N.Y.2d 1, 7-8 [1980]; Matter of Asphalt Green, Inc. [Herbert Constr. Co.], 210 A.D.2d 21

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