Troeller v. New York City Department of Education

Appellate Division of the Supreme Court of New York

Troeller v. New York City Department of Education

67 A.D.3d 486, 887 N.Y.S.2d 841

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

DecidedNovember 12, 2009

StatusPublished

This text of 67 A.D.3d 486 (Troeller v. New York City Department of Education) 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

Troeller v. New York City Department of Education, 67 A.D.3d 486, 887 N.Y.S.2d 841 (N.Y. Ct. App. 2009).

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Opinion

Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered May 16, 2008, which denied the petition to confirm an arbitration award and dismissed this proceeding, unanimously affirmed, without costs.

The parties negotiated a settlement before the special master issued a decision. The stipulation between the parties precluded petitioner from commencing this proceeding, except to enforce the stipulation. Its nonwaiver provision relating to the parties’ rights to pursue resolution of the jurisdictional issue, then pending before the special master, when read in the context of the entire stipulation, was clearly meant to preserve their rights to make jurisdictional arguments in future proceedings. Concur— Gonzalez, PJ., Friedman, Moskowitz, Renwick and DeGrasse, JJ.

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Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered May 16, 2008, which denied the petition to confirm an arbitration award and dismissed this proceeding, unanimously affirmed, without costs.

The parties negotiated a settlement before the special master issued a decision. The stipulation between the parties precluded petitioner from commencing this proceeding, except to enforce the stipulation. Its nonwaiver provision relating to the parties’ rights to pursue resolution of the jurisdictional issue, then pending before the special master, when read in the context of the entire stipulation, was clearly meant to preserve their rights to make jurisdictional arguments in future proceedings. Concur— Gonzalez, PJ., Friedman, Moskowitz, Renwick and DeGrasse, JJ.

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Bluebook (online)

67 A.D.3d 486, 887 N.Y.S.2d 841, Counsel Stack Legal Research, https://law.counselstack.com/opinion/troeller-v-new-york-city-department-of-education-nyappdiv-2009.