In re Arbitration between Arthur Murray, Inc. & Ricciardi

Froessel, J. (dissenting).

We dissent and vote for modification.

Petitioner seeks to stay arbitration of a dispute allegedly arising out of nine identical franchise agreements. The clear, definite and appropriate language employed by the parties in these agreements and their failure to provide that consent might not be unreasonably withheld, as well as the special nature of the agreements, conferred upon petitioner the right to withhold its consent to their assignment (Allhusen v. Caristo Constr. Corp., 303 N. Y. 446; Sillman v. Twentieth Century-Fox Film Corp., 3 N Y 2d 395; Boskowitz v. Cohn,…