MAANEN v. NEW YORK UNIV.

Index No. 154902/19, Appeal No. 16072, Case No. 2020-03492.

206 A.D.3d 413 (2022)

167 N.Y.S.3d 398

2022 NY Slip Op 03575

Robert Maanen et al., Respondents, v. New York University, Appellant.

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

Decided June 2, 2022.


Attorney(s) appearing for the Case

DLA Piper LLP, (US), New York ( Joseph A. Piesco, Jr. of counsel), for appellant.

Virginia & Ambinder, LLP, New York ( James E. Murphy of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Kapnick, Shulman, Rodriguez, Higgitt, JJ.


The motion court properly determined that the collective bargaining agreement between defendant and the named plaintiff's Union, Local 810, International Brotherhood of Teamsters, does not evidence a clear and unmistakable intent to defer the question of arbitrability to an arbitrator. Nor does the agreement demonstrate that the parties intended to arbitrate the claims of violation of wage provisions of the Labor Law asserted in the complaint (see Matter of Berger v New...

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