In re the Arbitration between Atlas China Co. & Livingston

Appellate Division of the Supreme Court of New York

In re the Arbitration between Atlas China Co. & Livingston

283 A.D. 690

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 13, 1954

StatusPublished

This text of 283 A.D. 690 (In re the Arbitration between Atlas China Co. & Livingston) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In re the Arbitration between Atlas China Co. & Livingston, 283 A.D. 690 (N.Y. Ct. App. 1954).

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Opinion

Order [confirming award of arbitrator] unanimously affirmed. No opinion. Order [staying arbitration] unanimously affirmed. In affirming the order below we do so on the ground that the issues submitted on the second arbitration are too broad and would embrace an issue determined in the first arbitration. We do not decide that the union may not submit a proper issue, including any rights of reinstatement under the collective bargaining agreement, turning on events arising after the matters considered in the first arbitration, and without remedy that would relate back to the issues previously determined. Present- — Dore, J. P., Callahan, Breitel, Botein and Bergan, JJ.

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Order [confirming award of arbitrator] unanimously affirmed. No opinion. Order [staying arbitration] unanimously affirmed. In affirming the order below we do so on the ground that the issues submitted on the second arbitration are too broad and would embrace an issue determined in the first arbitration. We do not decide that the union may not submit a proper issue, including any rights of reinstatement under the collective bargaining agreement, turning on events arising after the matters considered in the first arbitration, and without remedy that would relate back to the issues previously determined. Present- — Dore, J. P., Callahan, Breitel, Botein and Bergan, JJ.

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Bluebook (online)

283 A.D. 690, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-atlas-china-co-livingston-nyappdiv-1954.