MATTER OF AM. CENTENNIAL INS. CO. v. WILLIAMS


233 A.D.2d 320 (1996)

649 N.Y.S.2d 190

In the Matter of American Centennial Insurance Company, Appellant, v. Charles W. Williams, Respondent

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

November 4, 1996


Ordered that the order is reversed, on the law, with costs, and the petition is granted.

It is well settled that a party cannot be compelled to submit to arbitration unless the agreement to arbitrate expressly and unequivocally encompasses the subject matter of the particular dispute (see, Bowmer v Bowmer, 50 N.Y.2d 288, 293-294; Matter of Trump [Refco Props.], 194 A.D.2d 70

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