Ordered that the order is affirmed, with costs.
The plaintiff brought this action to recover damages for breach of contract. The defendant moved, inter alia, to compel arbitration of the matter pursuant to the contract. It is well settled that on a motion to compel or stay arbitration, the court must determine, among other things, whether the parties made a valid agreement to arbitrate and, if so, whether the agreement has been complied with (see, Matter...
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