In re the Arbitration between Capital Cities/ABC, Inc. & Writers Guild of America, East, Inc.

Full title: In the Matter of the Arbitration between CAPITAL CITIES/ABC, INC.…

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

Date published: Dec 29, 1992

188 A.D.2d 441 (N.Y. App. Div. 1992)

591 N.Y.S.2d 1014

Opinion

December 29, 1992

Appeal from the Supreme Court, New York County (Burton S. Sherman, J.).

Whether or not the July, 1990 letter agreement between the parties was intended to preclude arbitration of this particular dispute was for the court to decide since arbitration can be had only upon the parties' clear agreement to arbitrate the pertinent dispute (Sisters of St. John the Baptist v Geraghty Constructor, 67 N.Y.2d 997, 998). Here, by the terms of a special agreement, there was to be no arbitration if a specific employee did not live up to the subjective "standards" of the employer, and the record contains nothing to refute the employer's documentation that the standards were not met.

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

Concur — Carro, J.P., Rosenberger, Ellerin, Kupferman and Kassal, JJ.