Wolfman v. Herbstritt

—In a medical malpractice action, defendant appeals from an order of the Supreme Court, Nassau County (Morrison, J.), dated May 16, 1983, which denied his application for a stay of the proceedings pending submission of the matter to arbitration.

Order affirmed, with costs.

Defendant seeks enforcement of two arbitration agreements signed by plaintiff Loretta Wolfman prior to surgery he performed on her. The agreements lack mutuality of consideration since defendant’s only conceivable action against her, i.e., for fees, is specifically exempted from resolution by arbitration (Miner v Walden, 101…