Sullivan County Radioligical Associates, P.C. v. Greeene

Appellate Division of the Supreme Court of New York

Sullivan County Radioligical Associates, P.C. v. Greeene

254 A.D.2d 425, 678 N.Y.S.2d 745, 1998 N.Y. App. Div. LEXIS 11107

Appellate Division of the Supreme Court of the State of New York·Decided October 19, 1998·Published·Cited by 3 cases

Opinion

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 181; Matter of Acting Supt. of Schools of Liverpool Cent. School Dist. [United Liverpool Faculty Assn.], 42 NY2d 509, 512). In addition, parties can, by agreement, exclude certain issues from arbitration by stating such exclusion in the plain language of their contract (see, Matter of County of Rockland [Primiano Constr. Co.], 51 NY2d 1; Matter of Riccardi [Modern Silver Linen Supply Co.], 36 NY2d 945). Upon our review of the agree[426] ment at issue, we find that there was no express, unequivocal agreement to arbitrate the respondent’s claims. Bracken, J. P., Ritter, Copertino, Santucci and Altman, JJ., concur.

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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 181; Matter of Acting Supt. of Schools of Liverpool Cent. School Dist. [United Liverpool Faculty Assn.], 42 NY2d 509, 512). In addition, parties can, by agreement, exclude certain issues from arbitration by stating such exclusion in the plain language of their contract (see, Matter of County of Rockland [Primiano Constr. Co.], 51 NY2d 1; Matter of Riccardi [Modern Silver Linen Supply Co.], 36 NY2d 945). Upon our review of the agree[426] ment at issue, we find that there was no express, unequivocal agreement to arbitrate the respondent’s claims. Bracken, J. P., Ritter, Copertino, Santucci and Altman, JJ., concur.

Sullivan County Radioligical Associates, P.C. v. Greeene, 254 A.D.2d 425, 678 N.Y.S.2d 745, 1998 N.Y. App. Div. LEXIS 11107 (N.Y. Ct. App. 1998).

Pincite

254 A.D.2d 425 (Sullivan County Radioligical Associates, P.C. v. Greeene) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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