Home/New York Court of Appeals/City of Yonkers v. Raymond Cassidy

City of Yonkers v. Raymond Cassidy

44 N.Y. 784
New York Court of Appeals·Decided April 27, 1978·Published

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

44 N.Y. 784 (City of Yonkers v. Raymond Cassidy) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Matter of Zimmerman v. . Cohen
139 N.E. 764 (New York Court of Appeals, 1923)
Denihan v. Denihan
313 N.E.2d 759 (New York Court of Appeals, 1974)
Yonkers School Crossing Guard Union of Westchester Chapter v. City of Yonkers
354 N.E.2d 846 (New York Court of Appeals, 1976)
Hadjioannou v. Avramides
358 N.E.2d 516 (New York Court of Appeals, 1976)