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Matter of Metamorphosis Const. v. Glekel

Appellate Division of the Supreme Court of New York, First Department
Feb 5, 1998
247 A.D.2d 231 (N.Y. App. Div. 1998)

Opinion

Decided February 5, 1998

Appeal from the Supreme Court, New York County (William Leibovitz, J.).


It is well settled that a party will not be compelled to arbitrate absent evidence that affirmatively establishes an express agreement to do so (see, Matter of Waldron [Goddess], 61 N.Y.2d 181). The court properly stayed arbitration of the counterclaim against petitioner's president since he did not contract with respondent or agree to arbitration in his individual capacity (see, Matter of Jevremov [Crisci], 129 A.D.2d 174). "[C]onflicting allegations as to the real intent of the parties herein are insufficient to create a triable issue in the face of [the corporate president's] signing of the contract in his official capacity only" ( supra, at 176-177), and the court properly found that the contrary interpretation urged by respondents conflicted with reason and experience (see, Salzman Sign Co. v. Beck, 10 N.Y.2d 63, 66-67).

The court's determination that respondents' conduct was frivolous within the meaning of 22 NYCRR 130-1.1 (c), and consequent award of costs, including reasonable attorneys' fees and disbursements, was not an improvident exercise of discretion and therefore should not be disturbed (see, McCue v. McCue, 225 A.D.2d 975, 977).

Concur — Nardelli, J. P., Wallach, Williams and Mazzarelli, JJ.


Summaries of

Matter of Metamorphosis Const. v. Glekel

Appellate Division of the Supreme Court of New York, First Department
Feb 5, 1998
247 A.D.2d 231 (N.Y. App. Div. 1998)
Case details for

Matter of Metamorphosis Const. v. Glekel

Case Details

Full title:In the Matter of METAMORPHOSIS CONSTRUCTION CORPORATION, Respondent, v…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 5, 1998

Citations

247 A.D.2d 231 (N.Y. App. Div. 1998)
668 N.Y.S.2d 594

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