Legal Opinion
Metamorphosis Construction Corp. v. Glekel
Appellate Division of the Supreme Court of the State of New York
Decided February 5, 1998PublishedCited by 8 opinions
1Opinion of the Court
Judgment, Supreme Court, New York County (William Leibovitz, J.), entered July 16, 1997, which granted petitioner’s application for a permanent stay of arbitration with respect to two counterclaims and for costs, including attorneys’ fees, pursuant to 22 NYCRR part 130, unanimously affirmed, with costs.
It is well settled that a party will not be compelled to arbitrate absent evidence that affirmatively establishes an express agreement to do so (see, Matter of Waldron [Goddess], 61 NY2d 181). The court properly stayed arbitration of the counterclaim against petitioner’s president since he did…
2Cases cited4 opinions
- In re the Arbitration between Waldron & GoddessNew York Court of Appeals · 1984
- Salzman Sign Co. v. BeckNew York Court of Appeals · 1961
- McCue v. McCueAppellate Division of the Supreme Court of the State of New York · 1996
- In re the Arbitration between Jevremov & CrisciAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by8 opinions
- Mionis v. Bank Julius Baer & Co.Appellate Division of the Supreme Court of the State of New York · 2002
- JMT Bros. Realty, LLC v. First Realty Builders, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Capital v. Damon Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2002
- In re the Arbitration between Giamo & VisscherAppellate Division of the Supreme Court of the State of New York · 2012
- Adago v. SyAppellate Division of the Supreme Court of the State of New York · 2022
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