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Matter of Venture Services Corp. v. Bevona

Appellate Division of the Supreme Court of New York, First Department
Jan 31, 1991
169 A.D.2d 676 (N.Y. App. Div. 1991)

Opinion

January 31, 1991

Appeal from the Supreme Court, New York County (Clifford Scott, J.).


On or about June 7, 1989, petitioner, a New York corporation engaged in the business of providing cleaning services to owners of buildings, was served with a demand for arbitration by the respondent, a labor organization representing building service employees throughout the New York metropolitan area, seeking to arbitrate, pursuant to a collective bargaining agreement between the parties, the alleged wrongful discharge by the petitioner of a member of the respondent union who was employed as a porter in petitioner's building located at 545 Fifth Avenue, New York City.

Contrary to respondent's assertions, the IAS court did not exceed its authority, when confronted by petitioner's application seeking to stay arbitration, in determining the threshold questions of whether the parties, had, in fact, made a valid agreement to arbitrate, whether the particular claim sought to be arbitrated was within the scope of the arbitration provisions, and as to whether any conditions precedent to arbitration contained in the parties' collective bargaining agreement had been complied with. (Matter of County of Rockland [Primiano Constr. Co.], 51 N.Y.2d 1, 6-7.) Articles VII and VIII of the collective bargaining agreement establish a procedure for internal resolution of disputes as conditions precedent to arbitration. Respondent, in failing to attempt to settle the grievance internally as provided for in the agreement before demanding arbitration, failed to fulfill a condition precedent to arbitration.

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


Summaries of

Matter of Venture Services Corp. v. Bevona

Appellate Division of the Supreme Court of New York, First Department
Jan 31, 1991
169 A.D.2d 676 (N.Y. App. Div. 1991)
Case details for

Matter of Venture Services Corp. v. Bevona

Case Details

Full title:In the Matter of VENTURE SERVICES CORP., Respondent, v. GUS BEVONA, as…

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

Date published: Jan 31, 1991

Citations

169 A.D.2d 676 (N.Y. App. Div. 1991)
565 N.Y.S.2d 55

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