Varsames v. DiMauro

Appellate Division of the Supreme Court of New York

Varsames v. DiMauro

56 A.D.2d 681, 867 N.Y.S.2d 349

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 18, 2008

StatusPublished

This text of 56 A.D.2d 681 (Varsames v. DiMauro) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Varsames v. DiMauro, 56 A.D.2d 681, 867 N.Y.S.2d 349 (N.Y. Ct. App. 2008).

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Opinion

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration, Joseph DiMauro appeals from an order of the Supreme Court, Westchester County (O. Bellantoni, J.), entered August 15, 2007, which granted the petition and permanently stayed arbitration.

Ordered that the order is affirmed, with costs.

A party will not be compelled to arbitrate absent evidence affirmatively establishing the parties’ “ ‘clear, explicit and unequivocal’ ” agreement to arbitrate their disputes (God’s Battalion of Prayer Pentecostal Church, Inc. v Miele Assoc., LLP, 6 NY3d 371, 374 [2006], quoting Matter of Waldron [Goddess], 61 NY2d 181, 183 [1984]; see Matter of Fiveco, Inc. v Haber, 11 NY3d 140, 144 [2008]; Schubtex, Inc. v Allen Snyder, Inc., 49 NY2d 1, 6 [1979]; Matter of State Farm Mut. Auto. Ins. Co. v Juma, 44 AD3d 963 [2007]). Here, no agreement to arbitrate was entered into by the petitioners and the appellant. Accordingly, the petitioners were entitled to a permanent stay of arbitration.

In light of our determination, we need not reach the parties’ remaining contentions. Prudenti, EJ., Mastro, Fisher and Dillon, JJ., concur.

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In a proceeding pursuant to CPLR article 75 to permanently stay arbitration, Joseph DiMauro appeals from an order of the Supreme Court, Westchester County (O. Bellantoni, J.), entered August 15, 2007, which granted the petition and permanently stayed arbitration.

Ordered that the order is affirmed, with costs.

A party will not be compelled to arbitrate absent evidence affirmatively establishing the parties’ “ ‘clear, explicit and unequivocal’ ” agreement to arbitrate their disputes (God’s Battalion of Prayer Pentecostal Church, Inc. v Miele Assoc., LLP, 6 NY3d 371, 374 [2006], quoting Matter of Waldron [Goddess], 61 NY2d 181, 183 [1984]; see Matter of Fiveco, Inc. v Haber, 11 NY3d 140, 144 [2008]; Schubtex, Inc. v Allen Snyder, Inc., 49 NY2d 1, 6 [1979]; Matter of State Farm Mut. Auto. Ins. Co. v Juma, 44 AD3d 963 [2007]). Here, no agreement to arbitrate was entered into by the petitioners and the appellant. Accordingly, the petitioners were entitled to a permanent stay of arbitration.

In light of our determination, we need not reach the parties’ remaining contentions. Prudenti, EJ., Mastro, Fisher and Dillon, JJ., concur.

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Bluebook (online)

56 A.D.2d 681, 867 N.Y.S.2d 349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/varsames-v-dimauro-nyappdiv-2008.

Opinion

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