NEW YORK CITY TRANSIT AUTHORITY v. GORRICK

2549N, 400672/08

72 A.D.3d 518 (2010)

899 N.Y.S.2d 192

NEW YORK CITY TRANSIT AUTHORITY, Appellant, v. PHILBERT GORRICK, Respondent.

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

Decided April 15, 2010.


The court erred in granting the motion to compel arbitration pursuant to a collective bargaining agreement between plaintiff, defendant's former employer, and defendant's former union, a nonparty to this action. The sole issue in this action is whether defendant's admittedly fraudulent misrepresentation of earnings in an affidavit executed for the express purpose of inducing plaintiff to pay over $100,000 in back pay constitutes...

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