Opinion
January 10, 1995
Appeal from the Supreme Court, Bronx County (Bertram Katz, J.).
The IAS Court's findings in a previous order denying a stay of arbitration do not have a preclusive effect on plaintiff on the issue of Westcroft's alleged ultra vires conduct in executing the collective bargaining agreement on plaintiff's behalf without prior approval. Contrary to Westcroft's argument, the IAS Court never found that plaintiff ratified Westcroft's execution of that agreement. Thus, the IAS Court properly denied Westcroft's motion for summary judgment inasmuch as issues of fact exist with regard to whether, as alleged in the complaint, Westcroft violated its management agreement with plaintiff.
Concur — Murphy, P.J., Sullivan, Rosenberger and Asch, JJ.