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MATTER OF IMG PUBL'G

170 A.D.2d 268 (1991)

In the Matter of the Arbitration between IMG Publishing, Respondent, and Joseph Viesti, Appellant

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

February 14, 1991

Petitioner was neither a party to nor signatory of the contracts between Miller Press, Inc. and its employee, respondent Joseph Viesti. Therefore, absent an agreement to arbitrate between petitioner and respondent, petitioner's application to stay arbitration was properly granted, without regard to the statutory twenty-day period of CPLR 7503 (c). (Matter of Matarasso [Continental Cas. Co.], 56 N.Y.2d 264, 267-268.) A person may...

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