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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=48533

Judge Sweet

IRON WORKERS Locals 40, 361 and 417 Union Security Funds and Iron Workers Local 417 (defendants) requested arbitration, relying on a collective bargaining agreement signed by the president of plaintiff corporation. The court granted defendants’ motion for summary judgment dismissing the petition for a stay of the arbitration, finding no claim by plaintiff of any misrepresentation or fraud related to the arbitration clause of the collective bargaining agreement itself, and no allegation that fraud was “an issue which goes to the ‘making’ of the agreement to arbitrate.” The court added that the collective bargaining agreement relied upon by defendants contains an appropriate arbitration clause and that plaintiff has not challenged the existence of an agreement to arbitrate, but instead asserted that the collective bargaining agreement differed from a project labor agreement, which was controlling.

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