Appellate Division of the Supreme Court of New York, 1981

City of Poughkeepsie v. City of Poughkeepsie Unit

City of Poughkeepsie v. City of Poughkeepsie Unit
Appellate Division of the Supreme Court of New York · Decided May 11, 1981
81 A.D.2d 866; 438 N.Y.S.2d 878; 1981 N.Y. App. Div. LEXIS 11552
City of Poughkeepsie v. City of Poughkeepsie Unit

Opinion of the Court

— The appeal is from a judgment of the Supreme Court, Dutchess County, dated September 22, 1980, which permanently stayed arbitration. Judgment reversed, on the law, without costs or disbursements, petition dismissed and the parties are directed to proceed to arbitration. Since there is a reasonable relationship between the subject matter of the instant dispute and the general subject matter of the underlying contract, it was for the arbitrator, not the courts, to determine the scope of the agreement. (See, Matter of Nationwide Gen. Ins. Co. v Investors Ins. Co. of Amer., 37 NY2d 91.) Titone, J.P., Mangano, Gulotta and Thompson, JJ., concur.

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