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MATTER OF BERGER v. NEW YORK UNIV.

Index No. 152610/19. Appeal Nos. 15959-15959A. Case Nos. 2020-03493, 2020-04646.

205 A.D.3d 531 (2022)

166 N.Y.S.3d 530

2022 NY Slip Op 03313

In the Matter of Richard Berger, Respondent, v. New York University, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 19, 2022.

Attorney(s) appearing for the Case

DLA Piper LLP (US), New York (Garrett Kennedy of counsel), for appellant.

Virginia & Ambinder, LLP, New York (James Emmet Murphy of counsel), for respondent.

Concur—Kapnick, J.P., Webber, Mendez, Pitt, Higgitt, JJ.

The issue of whether petitioner's claims are arbitrable was properly before the motion court, as the language of the arbitration clause contained in the collective bargaining agreement (CBA) between petitioner's union and NYU lacks the plain and sweeping language demonstrating an intent by the parties to delegate the question of arbitrability to an arbitrator (see e.g. Matter of Steyn v CRTV, LLC, 175 A.D.3d 1, 11 [1st Dept 2019]; cf. Matter of Smith Barney Shearson...

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