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MATTER OF MENDEL ZILBERBERG AND ASSOCIATES, P.C. v. ROSNER

292 A.D.2d 533 (2002)

739 N.Y.S.2d 285

In the Matter of MENDEL ZILBERBERG AND ASSOCIATES, P.C., et al., Appellants, v. GEORGE ROSNER, Also Known as MOSHE ROSNER, Respondent.

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

Decided March 18, 2002.

Ordered that the order is affirmed insofar as appealed from, with costs.

It is well settled that "a party will not be compelled to arbitrate and, thereby, to surrender the right to resort to the courts, absent `evidence which affirmatively establishes that the parties expressly agreed to arbitrate their disputes'" (Matter of Waldron [Goddess], 61 N.Y.2d 181, 183, quoting Schubtex, Inc. v Allen Snyder, Inc.,

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