Sammarco v. Pepsi-Cola Bottling Co. of New York, Inc.

In an action to recover damages for personal injuries, etc., the defendant Pepsi-Cola Bottling Company of New York, Inc., appeals from an order of the Supreme Court, Queens County (O’Donoghue, J.), dated September 17, 2002, which denied its motion pursuant to CPLR 7503 (a) to compel arbitration.

Ordered that the order is affirmed, with costs.

In 1996 the plaintiff Michael Sammarco (hereinafter the plaintiff), entered into an agreement (hereinafter the Agree*342ment) with the defendant Pepsi-Cola Bottling Company of New York, Inc. (hereinafter Pepsi), to distribute Pepsi products. The Agreement,…