In re the Arbitration between Delaware Valley Central School District & Delaware Valley Faculty Ass'n

New York Court of Appeals

In re the Arbitration between Delaware Valley Central School District & Delaware Valley Faculty Ass'n

425 N.E.2d 889, 54 N.Y.2d 613, 442 N.Y.S.2d 501, 1981 N.Y. LEXIS 2584

CourtNew York Court of Appeals

DecidedJune 16, 1981

StatusPublished

Cited by3 cases

This text of 425 N.E.2d 889 (In re the Arbitration between Delaware Valley Central School District & Delaware Valley Faculty Ass'n) 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

In re the Arbitration between Delaware Valley Central School District & Delaware Valley Faculty Ass'n, 425 N.E.2d 889, 54 N.Y.2d 613, 442 N.Y.S.2d 501, 1981 N.Y. LEXIS 2584 (N.Y. 1981).

Pincite

Opinion

OPINION OF THE COURT

On summary consideration, order reversed, with costs, and the applications to stay arbitration denied. It does not alter the classification of articles XXV(F), XXV(E) and III (A) as “substantive” provisions of the contract that their interpretation will determine the duration of the agreement to arbitrate. They are nonetheless “provisions of the agreement” other than the arbitration clause itself and as such are the proper subject of a grievance, and thus of arbitration within the explicit agreement of the parties. (Matter of Windsor Cent. School Dist. v Windsor Teachers Assn., 52 NY2d 734.)

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

Free access — add to your briefcase to read the full text and ask questions with AI

OPINION OF THE COURT

On summary consideration, order reversed, with costs, and the applications to stay arbitration denied. It does not alter the classification of articles XXV(F), XXV(E) and III (A) as “substantive” provisions of the contract that their interpretation will determine the duration of the agreement to arbitrate. They are nonetheless “provisions of the agreement” other than the arbitration clause itself and as such are the proper subject of a grievance, and thus of arbitration within the explicit agreement of the parties. (Matter of Windsor Cent. School Dist. v Windsor Teachers Assn., 52 NY2d 734.)

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

Cite This Page — Counsel Stack

Bluebook (online)

425 N.E.2d 889, 54 N.Y.2d 613, 442 N.Y.S.2d 501, 1981 N.Y. LEXIS 2584, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-delaware-valley-central-school-district-ny-1981.

Opinion

Related

Cite This Page — Counsel Stack