BROWN v. BUSSEY


245 A.D.2d 255 (1997)

666 N.Y.S.2d 15

Dawn M. Brown, Appellant, v. Richard Bussey et al., Respondents

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

December 1, 1997


Ordered that the order is reversed, on the law, with costs, and matter remitted to the Supreme Court, Dutchess County, for further proceedings consistent herewith.

On a motion to compel or stay arbitration, the court must determine, in the first instance, whether the parties made a valid agreement to arbitrate (see, Sisters of St. John the Baptist v Geraghty Constructor, 67 N.Y.2d 997, 998; see also, Matter...

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