Matter of Museum of City of N.Y. v Local 1665, DC 37, AFSCME, AFL-CIO (2004 NY Slip Op 09201)

Matter of Museum of City of N.Y. v Local 1665, DC 37, AFSCME, AFL-CIO

2004 NY Slip Op 09201 [13 AD3d 129]

December 9, 2004

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, February 23, 2005

In the Matter of The Museum of the City of New York, Respondent,
v
Local 1665, DC 37, AFSCME, AFL-CIO, Respondent-Appellant.

—[*1]

Order, Supreme Court, New York County (Bruce Allen, J.), entered on or about January 12, 2004, which, inter alia, granted petitioner's motion to stay arbitration pursuant to CPLR article 75, unanimously affirmed, without costs.

The governing agreement sets forth what must be construed as three conditions precedent to arbitration, and since none of those conditions had been met, the court properly granted the application to stay arbitration (see Matter of County of Rockland [Primiano Constr. Co.], 51 NY2d 1, 7-8 [1980]; Matter of Asphalt Green, Inc. [Herbert Constr. Co.], 210 AD2d 21 [1994]). Concur—Nardelli, J.P., Mazzarelli, Sullivan, Friedman and Gonzalez, JJ.