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MATTER OF METAMORPHOSIS CONSTR. CORP. v. GLEKEL

247 A.D.2d 231 (1998)

668 N.Y.S.2d 594

In the Matter of Metamorphosis Construction Corporation, Respondent, v. Jeffrey Glekel et al., Appellants

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

February 5, 1998

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],...

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