Opinion
May 20, 1993
Appeal from the Supreme Court, New York County (Shirley Fingerhood, J.).
The IAS Court properly compelled an arbitration proceeding between the parties in accordance with article IX of the PBA to determine the amount of "just and reasonable" compensation to be paid by the defendant to the plaintiff for acquiring plaintiff's baseball franchise territory in Miami, Florida, where, as here, the record reveals that the arbitrators, not the court, must decide the standard to be applied in evaluating the compensation to be paid under the PBA's broad arbitration clause (see, Rio Algom v Sammi Steel Co., 168 A.D.2d 250, 251, lv denied 78 N.Y.2d 853), where the plaintiff's challenge to the impartiality of the arbitration process is premature until the seventh "impartial" arbitrator has been selected in accordance with the explicit and unambiguous procedure agreed upon by the parties in article IX of the PBA (Matter of Siegel [Lewis], 40 N.Y.2d 687), and where the defendants, by engaging in promotional and similar activities other than fielding their team in the plaintiff's territory during the baseball season have evidenced no clear intention to waive their right to arbitrate under article IX of the PBA (see, Faberge Intl. v Di Pino, 109 A.D.2d 235, 239; compare, Bucci v McDermott, 156 A.D.2d 328).
The IAS Court's ruling, compelling arbitration, is also consistent with the public policy of this State which strongly favors and encourages arbitration as a means of expediting the resolution of disputes and conserving judicial resources (Szabados v Pepsi-Cola Bottling Co., 174 A.D.2d 342, 343).
Nor did the IAS Court err in denying the plaintiff's motion for injunctive relief seeking to enjoin the Marlins from occupying their Florida territory until that team had paid "just and reasonable" compensation since monetary harm, which can be compensated by damages, does not constitute irreparable injury for which injunctive relief will be granted (Matter of J.O.M. Corp. v Department of Health, 173 A.D.2d 153).
We have reviewed the plaintiff's remaining claims and find them to be without merit.
Concur — Carro, J.P., Milonas, Wallach, Kassal and Nardelli, JJ.