Western Regional Off-Track Betting Corp. v. Service Employees International Union, Local 222 (97 A.D.2d 970, 1983)

Order unanimously affirmed, with costs. Memorandum: Service Employees International Union by instituting an action for injunctive relief did not waive its right under the union contract to demand arbitration to redress alleged past contract violations and to seek back pay for its members (see Preiss/Breismeister Architects v Westin Hotel Co.-Plaza Hotel Div., 56 NY2d 787, 789). (Appeal from order of Supreme Court, Erie County, Gossell, J. — stay arbitration.) Present — Hancock, Jr., J. P., Doerr, Denman, Moule and Schnepp, JJ.