Matter of City Sch. Dist. of the City of Tonawanda v. Tonawanda Educ. Ass'n
Cases that cite this one
27 later published cases cite this decision. The 25 that cite it most often are listed here.
- In re the Arbitration between Falzone (Appellate Division of the Supreme Court of New York 2009)
- Globus Coffee, LLC v. SJN, Inc. (Appellate Division of the Supreme Court of New York 2008)
- Yates Paving & Grading Co. v. Bryan County (Ga. Ct. App. 2005)
- Lynch v. Benjamin (Appellate Division of the Supreme Court of New York 2003)
- Matter of Buffalo Teachers' Fedn. (Board of Educ. of Buffalo City Sch. Dist.) (Appellate Division of the Supreme Court of New York 2024)
- NIAGARA FRONTIER TRANSPORTATION AUT, MTR. OF (Appellate Division of the Supreme Court of New York 2014)
- In re Arbitration between Niagara Frontier Transportation Authority & International Longshoremen's Ass'n (Appellate Division of the Supreme Court of New York 2014)
- In re Arbitration between Niagara Frontier Transportation Authority & International Longshoremen's Ass'n (Appellate Division of the Supreme Court of New York 2014)
- In re the Arbitration between Falzone & New York Mutual Fire Insurance (N.Y. 2010)
- Progressive Northern Insurance Co. v. Sentry Insurance A Mutual Co. (Appellate Division of the Supreme Court of New York 2008)
- In re the Arbitration between Warner Bros. Records, Inc. & PPX Enterprises, Inc. (Appellate Division of the Supreme Court of New York 2004)
- In re the Arbitration between Pinnacle Environment Systems, Inc. & Cannon Building of Troy Associates (Appellate Division of the Supreme Court of New York 2003)
- In re the Arbitration between Excelsior 57th Corp. & Kern (Appellate Division of the Supreme Court of New York 2002)
- In re the Arbitration between County of Steuben & Civil Service Employees' Ass'n, Local 1000 (Appellate Division of the Supreme Court of New York 2002)
- Bevona v. Command Security Services (Appellate Division of the Supreme Court of New York 2001)
- Town of Newburgh v. Civil Service Employees Ass'n (Appellate Division of the Supreme Court of New York 2000)
- In re the Arbitration between County of Jefferson & Jefferson County Deputy Sheriff's Ass'n, Local 9100 (Appellate Division of the Supreme Court of New York 1999)
- Meehan v. Nassau Community College (Appellate Division of the Supreme Court of New York 1998)
- In re the Arbitration between Medina Power Co. & Small Power Producers, Inc. (Appellate Division of the Supreme Court of New York 1997)
- Port Authority of New York & New Jersey v. Port Authority Police Sergeants Benevolent Ass'n (Appellate Division of the Supreme Court of New York 1996)
- In re the Arbitration between Lancer Insurance & Great American Insurance (New York Supreme Court 1996)
- Aetna Casualty & Surety Co. v. Bonilla (Appellate Division of the Supreme Court of New York 1995)
- In re the Arbitration between City of Albany & Albany Permanent Professional Firefighters Ass'n, Local 2007 (Appellate Division of the Supreme Court of New York 1991)
- In re the Arbitration Between Allcity Insurance & Vitucci (N.Y. 1989)
- Vilceus v. North River Insurance (Appellate Division of the Supreme Court of New York 1989)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
As a result of decreased student enrollment, the Board of Education of the City of Tonawanda discharged two of its tenured teachers, Miller and Cole. Both filed arbitrable grievances alleging that by reason of the Board’s failure to have terminated in their place teachers who had less seniority in their tenure area (but who were certified to teach subjects in which the discharged teachers were not certified) there had been a violation of the seniority provision of the collective bargaining agreement in effect between the school district and the association representing the teachers.
The Miller grievance was arbitrated first and resulted in an award favorable to the school district, that there had *848 been no violation. A different arbitrator by whom the Cole grievance was heard, who knew of the Miller award, reached a different conclusion two months later, found that a violation of the seniority provision had occurred, and directed payment of compensating damages to Cole. When the school district brought a proceeding to confirm the Miller award and one to vacate the Cole award Supreme Court granted the relief requested, holding that the first award, in the school district’s favor, was entitled to res judicata effect in the second, Cole, arbitration of a grievance which arose in circumstances identical to that presented in the earlier grievance. On appeal by the teachers’ association from Supreme Court’s disturbance of the Cole award, the Appellate Division unanimously reversed and confirmed the determination of the arbitrator favorable to Cole, noting that the defense of res judicata was for the arbitrator. In that holding the Appellate Division was correct. The effect, if any, to be given to an earlier arbitration award in subsequent arbitration proceedings is a matter for determination in that forum (Board of Educ. v Patchogue-Medford Congress of Teachers, 48 NY2d 812, 813; Matter of Country-Wide Ins. Co. [Barrios], 48 NY2d 831, 832). The existence of a prior award inconsistent with one sought to be vacated is not included among the grounds set out in CPLR 7511 (subd [b]) on which a court may upset an arbitration award.
Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye concur.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.