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

Appellate Division of the Supreme Court of New York

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

188 A.D.2d 441

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

DecidedDecember 29, 1992

StatusPublished

This text of 188 A.D.2d 441 (In re the Arbitration between Capital Cities/ABC, Inc. & Writers Guild of America, East, Inc.) 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 Capital Cities/ABC, Inc. & Writers Guild of America, East, Inc., 188 A.D.2d 441 (N.Y. Ct. App. 1992).

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Opinion

Order, Supreme Court, New York County (Burton S. Sherman, J.), entered December 16, 1991, which granted the petition and permanently stayed arbitration, unanimously affirmed, with costs.

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 NY2d 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.

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Order, Supreme Court, New York County (Burton S. Sherman, J.), entered December 16, 1991, which granted the petition and permanently stayed arbitration, unanimously affirmed, with costs.

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 NY2d 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.

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188 A.D.2d 441, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-capital-citiesabc-inc-writers-guild-of-nyappdiv-1992.

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