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Bevona v. Valencia

Appellate Division of the Supreme Court of New York, First Department
Mar 4, 1993
191 A.D.2d 192 (N.Y. App. Div. 1993)

Opinion

March 4, 1993

Appeal from the Supreme Court, New York County (Edward Greenfield, J.).


Respondent claims that he is not a party to the collective bargaining agreement, the validity of which is not questioned. While a party may seek a judicial determination as to whether that party has agreed to arbitration (see, Sisters of St. John the Baptist v. Geraghty Constructor, 67 N.Y.2d 997, 998), the time to do so is before arbitration commences, and not on an application to confirm the third of three consecutive awards (see, Matter of Harris [East India Trading Co.], 16 Misc.2d 87, 89). Absent a timely motion to stay arbitration, the claim that an issue is not arbitrable is waived (see, Bayroff Corp. v Showplace Bowling Ctr., 187 A.D.2d 269).

We have considered the remaining arguments, and find them to be without merit.

Concur — Murphy, P.J., Carro, Rosenberger and Ross, JJ.


Summaries of

Bevona v. Valencia

Appellate Division of the Supreme Court of New York, First Department
Mar 4, 1993
191 A.D.2d 192 (N.Y. App. Div. 1993)
Case details for

Bevona v. Valencia

Case Details

Full title:GUS BEVONA, as President of Local 32B-32J, Service Employees International…

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

Date published: Mar 4, 1993

Citations

191 A.D.2d 192 (N.Y. App. Div. 1993)
594 N.Y.S.2d 223

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