S&T Sportswear Corp. v. Drake Fabrics, Inc.

— Judgment, Supreme Court, New York County (Edward Lehner, J.), entered on or about March 10, 1992, which granted petitioner’s application to stay arbitration and permanently enjoined respondent from proceeding with the arbitration, unanimously affirmed, with costs.

It is well settled that arbitration will not be compelled absent evidence affirmatively establishing an express agreement to arbitrate that is clear, explicit and unequivocal (Matter of Waldron [Goddess], 61 NY2d 181, 183). Here, there is no such agreement. The oral agreement reached by the parties did not mention arbitration, and…