In re the Arbitration between IMG Publishing & Viesti

Judgment of the Supreme Court, New York County (Kenneth L. Shorter, J.), entered February 13, 1990, which granted petitioner’s application to stay arbitration sought by respondent, pursuant to a Demand for Arbitration, unanimously affirmed, with costs.

Petitioner was neither a party to nor signatory of the contracts between Miller Press, Inc. and its employee, respondent Joseph Viesti. Therefore, absent an agreement to arbitrate between petitioner and respondent, petitioner’s application to stay arbitration was properly granted, without regard to the statutory twenty-day period of CPLR 7503…