24 A.D.2d 649 | N.Y. App. Div. | 1965
In an action by a former employee against his former employer to recover wages allegedly due, the defendant, by permission of this court, appeals from an order of the Appellate Term of the Supreme Court, entered December 23,-1964, which affirmed an order of the Civil Court of the City of Hew York, Kings County, entered June 29,1964, vacating a stay of the action and directing defendant to answer the complaint. Order of the Appellate Term affirmed, with costs. The time of the defendant to answer the complaint is extended until 30 days after entry of the order hereon. Plaintiff commenced an action against his former employer to recover $750, allegedly representing the difference between the wages he received during his employment and the wages to which he was entitled under the collective bargaining agreement between his union and the employer. The employer moved to dismiss the action and to direct the parties to proceed to arbitration as provided in the collective bargaining agreement on the ground that the dispute related to the issue of whether plaintiff had worked as a “sandwich man” as defined by the agreement. The court denied the motion to dismiss the complaint but stayed the action and directed