Legal Opinion
Sullivan County Radioligical Associates, P.C. v. Greeene
Appellate Division of the Supreme Court of the State of New York
Decided October 19, 1998PublishedCited by 3 opinions
1Opinion of the Court
In a proceeding pursuant to CPLR article 75 to stay arbitration, the petitioner appeals from an order of the Supreme Court, Orange County (Slobod, J.), dated January 22, 1998, which denied the petition and dismissed the proceeding.
Ordered that the order is reversed, with costs, and the petition is granted.
Parties will not be held to have chosen arbitration as the forum for the resolution of their disputes in the absence of an express, unequivocal agreement to that effect. Absent such an explicit commitment, neither party may be compelled to arbitrate (see, Matter of Waldron [Goddess], 61 NY2d…
2Cases cited4 opinions
- In re the Arbitration between the County of Rockland & Primiano Construction Co.New York Court of Appeals · 1980
- 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
- In re the Arbitration between Riccardi & Modern Silver Linen Supply Co.New York Court of Appeals · 1975
3Cited by3 opinions
- Mendel Zilberberg & Associates, P.C. v. RosnerAppellate Division of the Supreme Court of the State of New York · 2002
- 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