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DONNKENNY APPAREL, INC. v. LEE

291 A.D.2d 224 (2002)

736 N.Y.S.2d 862

DONNKENNY APPAREL, INC., Respondent, v. AGNES LEE, Appellant.

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

Decided February 5, 2002.

Supreme Court properly granted a stay of arbitration since there was no "evidence which affirmatively establishe[d] that the parties expressly agreed to arbitrate their disputes" (Schubtex, Inc. v Allen Snyder, Inc., 49 N.Y.2d 1, 6). Although respondent alleges that the parties orally agreed to arbitrate disputes respecting her employment, any alleged oral arbitration agreement was unenforceable under CPLR 7501 and any renewal of...

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