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PIERRE v. MARY MANNING WALSH NURSING HOME CO., INC.

7150, 100143/10.

93 A.D.3d 541 (2012)

940 N.Y.S.2d 597

2012 NY Slip Op 2060

ANGELA PIERRE et al., Appellants, v. MARY MANNING WALSH NURSING HOME CO., INC., et al., Respondents.

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

Decided March 20, 2012.

In this action seeking damages and declaratory relief for breach of a pension agreement and violation of Labor Law § 198, Supreme Court erred by concluding that plaintiffs, health care providers employed by defendant Mary Manning Walsh Nursing Home (MMW), clearly, explicitly, and unequivocally agreed to arbitrate their dispute (see Matter of Fiveco, Inc. v Haber, 11 N.Y.3d 140, 144 [2008]). In reaching this conclusion, the court...

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