Legal Opinion
Mendel Zilberberg & Associates, P.C. v. Rosner
Appellate Division of the Supreme Court of the State of New York
Decided March 18, 2002PublishedCited by 4 opinions
1Opinion of the Court
In a proceeding to compel arbitration pursuant to CPLR 7503, the petitioners appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Pincus, J.), dated April 18, 2001, as denied their petition.
Ordered that the order is affirmed insofar as appealed from, with costs.
It is well settled that “a party will not be compelled to arbitrate and, thereby, to surrender the right to resort to the courts, absent ‘evidence which affirmatively establishes that the parties expressly agreed to arbitrate their disputes’ ” (Matter of Waldron [Goddess], 61 NY2d 181, 183,…
2Cases cited6 opinions
- In re the Arbitration between the Acting Superintendent of Schools of Liverpool Central School District v. United Liverpool Faculty Ass'nNew York Court of Appeals · 1977
- In re the Arbitration between Waldron & GoddessNew York Court of Appeals · 1984
- Schubtex, Inc. v. Allen Snyder, Inc.New York Court of Appeals · 1979
- Town of Mamaroneck v. Byron Electric Co.Appellate Division of the Supreme Court of the State of New York · 1989
- Sullivan County Radioligical Associates, P.C. v. GreeeneAppellate Division of the Supreme Court of the State of New York · 1998
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- God's Battalion of Prayer Pentecostal Church, Inc. v. Miele Associates, LLPAppellate Division of the Supreme Court of the State of New York · 2004
- Town of Mount Pleasant v. JJC Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- Howell v. Corastor Holding Co.Appellate Division of the Supreme Court of the State of New York · 2005
- Adams v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 2017