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LYLANE SUM v. TISHMAN

Appellate Division of the Supreme Court of New York, First Department.
Feb 15, 2007
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The collective bargaining agreement governing plaintiff's employment contains an arbitration agreement that specifically includes within its scope gender discrimination claims under the New York City Human Rights Law. This union-negotiated waiver of plaintiffs right to a judicial forum to pursue the statutory claims here at issue is "clear and unmistakable," and enforceable ( Wright v Universal Maritime Service Corp., 525 US 70, 80-82; see Garcia v Bellmarc Prop. Mgt., 295 AD2d 233; Torres v Four Seasons Hotel of N.Y., 277 AD2d 23; and see Carson v Giant Food, Inc., 175 F3d 325, 331 [1999]). We have considered plaintiff's remaining arguments and find them unavailing.