Opinion
Argued January 5, 1965
Decided February 11, 1965
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, THOMAS P. FARLEY, J.
Stephen C. Vladeck and Judith P. Vladeck for appellant.
David S. Lindau for respondent.
Order reversed, with costs in all courts, and matter remitted to Special Term for further proceedings in accordance with a memorandum: The collective bargaining agreement between the employer and the union required the employer to provide specified insurance benefits to its employees. The dispute which is the basis of the union's demand for arbitration concerns the extent of coverage of the policies which the employer provided. This dispute literally falls within the arbitration clause which embraces the "interpretation or the application" of the agreement.
Concur: Chief Judge DESMOND and Judges DYE, FULD, BURKE and BERGAN. Judge SCILEPPI dissents and votes to affirm in the following memorandum in which Judge VAN VOORHIS concurs: I dissent and vote to affirm upon the ground that the claims of the employees against the insurance companies under the policies admittedly furnished by the employer do not come within the arbitration clause.