City of Yonkers v. Raymond Cassidy

New York Court of Appeals

City of Yonkers v. Raymond Cassidy

44 N.Y. 784

DecidedApril 27, 1978

StatusPublished

This text of 44 N.Y. 784 (City of Yonkers v. Raymond Cassidy) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Yonkers v. Raymond Cassidy, 44 N.Y. 784 (N.Y. 1978).

Pincite

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Appellants chose to litigate this dispute in a declaratory judgment action (39 NY2d 964). Having taken that course they waived the right to submit the question to arbitration (Matter of Zimmerman v Cohen, 236 NY 15; cf. Denihan v Denihan, 34 NY2d 307, 310; Hadjioannou v Avramides, 40 NY2d 929, 931; Validity & Enforceability of Provision for Binding Arbitration and Waiver Thereof, Ann., 24 ALR3d 1325).

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur in memorandum.

Order affirmed.

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