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1st Dept action agreement to arbitrate alleged American Arbitration Association Appellate Division application arbi arbitration agreement arbitration award arbitration proceeding arbitration provision Board breach broad arbitration clause claim collateral estoppel collective bargaining agreement compel arbitration confirm the award contract Corp corporation court concluded Court Decisions court found court held court noted Court of Appeals CPLR Ct.D damages declaratory judgment defendant demand for arbitration demanded arbitration denied Dig.Ct.D dispute arose district court employees enforce F.Supp Federal Arbitration Act filed grievance issue judgment judicial jurisdiction LABOR litigation lower court medical malpractice Merrill Lynch motion to compel motion to stay N.Y. Cty no-fault parties pending arbitration petitioner plaintiff procedure provided for arbitration pursuant res judicata right to arbitrate rule sought statute statute of limitations stay arbitration Supreme Court tion trial court Uniform Arbitration Act uninsured motorist union vacate the award vacatur waiver York