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THE ACCESSORY CORPORATION v. CAPCO WAI SHING, LLC

39 A.D.3d 344 (2007)

834 N.Y.S.2d 139

THE ACCESSORY CORPORATION, Respondent, v. CAPCO WAI SHING, LLC, et al., Appellants.

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

Decided April 17, 2007.

While arbitration is favored as a matter of public policy (see Matter of Smith Barney Shearson v Sacharow, 91 N.Y.2d 39, 49 [1997]), and the license agreement between defendant Wai Shing Plastic Hangars (Wai) and plaintiff contained an arbitration clause pursuant to which there is a pending arbitration relating to Wai's purported wrongdoing under the contract, "a party will not be compelled to arbitrate and, thereby, to surrender...

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