Opinion
2001-04707
Argued March 1, 2002.
March 18, 2002.
In a proceeding to compel arbitration pursuant to CPLR 7503, the petitioners appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Pincus, J.), dated April 18, 2001, as denied their petition.
Mendel Zilberberg and Associates, P.C., Brooklyn, N.Y. (Mendel Zilberberg of counsel), appellants pro se.
Matthew S. Aboulafia, New York, N.Y. (David I. Aboulafia of counsel), for respondent.
Before: SONDRA MILLER, J.P., GABRIEL M. KRAUSMAN, HOWARD MILLER, THOMAS A. ADAMS, JJ.
ORDERED that the order is affirmed insofar as appealed from, with costs.
It is well settled that "a party will not be compelled to arbitrate and, thereby, to surrender the right to resort to the courts, absent 'evidence which affirmatively establishes that the parties expressly agreed to arbitrate their disputes'" (Matter of Waldron [Goddess], 61 N.Y.2d 181, 183, quoting Schubtex, Inc. v. Allen Snyder, Inc., 49 N.Y.2d 1, 6; see, Matter of Sullivan County Radiological Assocs. v. Greene, 254 A.D.2d 425). The agreement to arbitrate must be clear, explicit, and unequivocal (see, Matter of Acting Superintendent of Schools of Liverpool Cent. School Dist. [United Liverpool Faculty Assn.], 42 N.Y.2d 509, 512; Matter of Ohr Torah Inst. [Mikhailov], 276 A.D.2d 634). The petitioners failed to affirmatively establish that the parties entered into an explicit and unequivocal agreement to arbitrate their dispute (see, Matter of Ohr Torah Inst. [Mikhailov], supra; Matter of Sullivan County Radiological Assocs. v. Greene, supra). Thus, the respondent cannot be compelled to submit to arbitration (see, Matter of Town of Mamaroneck v. Byron Elec. Co., 148 A.D.2d 458, 459).
S. MILLER, J.P., KRAUSMAN, H. MILLER and ADAMS, JJ., concur.