In re the Arbitration between Committee of the Interns & Residents & Dinkins

Appellate Division of the Supreme Court of New York

In re the Arbitration between Committee of the Interns & Residents & Dinkins

202 A.D.2d 335, 609 N.Y.S.2d 219

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

DecidedMarch 24, 1994

StatusPublished

This text of 202 A.D.2d 335 (In re the Arbitration between Committee of the Interns & Residents & Dinkins) 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.

Bluebook

In re the Arbitration between Committee of the Interns & Residents & Dinkins, 202 A.D.2d 335, 609 N.Y.S.2d 219 (N.Y. Ct. App. 1994).

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Opinion

—Order and judgment (one paper) Supreme Court, New York County (Seymour Schwartz, J.), entered on or about December 8, 1992, which, inter alia, directed respondents-appellants to proceed to arbitration, unanimously affirmed, without costs.

Arbitration of petitioner’s grievance seeking to compel appellants to defend and indemnify a former obstetrics resident in a pending civil action accusing him of having tortiously refused to admit a woman in labor, which refusal is also the subject of pending criminal and disciplinary proceedings, is not barred by any "statute, decisional law or public policy” (Matter of Acting Supt. of Schools of Liverpool Cent. School Dist. [United Liverpool Faculty Assn.], 42 NY2d 509, 514).

Whether the subject matter of the dispute falls within the [336]*336malpractice provision of the parties’ collective bargaining agreement is a question of contract interpretation that should be decided by the arbitrator. Concur — Sullivan, J. R, Carro, Ellerin, Asch and Tom, JJ.

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—Order and judgment (one paper) Supreme Court, New York County (Seymour Schwartz, J.), entered on or about December 8, 1992, which, inter alia, directed respondents-appellants to proceed to arbitration, unanimously affirmed, without costs.

Arbitration of petitioner’s grievance seeking to compel appellants to defend and indemnify a former obstetrics resident in a pending civil action accusing him of having tortiously refused to admit a woman in labor, which refusal is also the subject of pending criminal and disciplinary proceedings, is not barred by any "statute, decisional law or public policy” (Matter of Acting Supt. of Schools of Liverpool Cent. School Dist. [United Liverpool Faculty Assn.], 42 NY2d 509, 514).

Whether the subject matter of the dispute falls within the [336]*336malpractice provision of the parties’ collective bargaining agreement is a question of contract interpretation that should be decided by the arbitrator. Concur — Sullivan, J. R, Carro, Ellerin, Asch and Tom, JJ.

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202 A.D.2d 335, 609 N.Y.S.2d 219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-committee-of-the-interns-residents-nyappdiv-1994.

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