In re the Arbitration between Waldron & Goddess

Sullivan, J. P., and Ross, J., dissent in a memorandum by Sullivan, J. P., as follows:

This is an appeal from a dismissal of a petition to stay arbitration sought on the ground of lack of an agreement to arbitrate. The underlying dispute between petitioner Robert Waldron and respondent Lynn Goddess, both of whom are real estate brokers employed by Cross & Brown Company, concerns the right to a brokerage commission earned in connection with a lease negotiated through Cross & Brown. Each claims entitlement to the real estate broker’s share of the commission. Both Waldron and Goddess had written…