ROTHENBERG v. ECKEL


161 A.D.2d 1140 (1990)

Esther Rothenberg, Individually and as a Partner in Forbes Homes of Amherst, Inc., and Another, Respondent, v. David Eckel et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 11, 1990


Order unanimously affirmed with costs.

Memorandum:

We reject appellants' contention that respondent, Rothenberg, was not a party to the agreement containing the arbitration clause and thus was not entitled to demand arbitration. Appellants argue that the individuals signing the agreement did so, not in their individual capacities, but as members of two groups. The language of the agreement indicates otherwise. The agreement lists the parties using the individual...

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