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GLAUBER v. G & G QUALITY CLOTHING, INC.

2014-06227, Index No. 24318/12.

134 A.D.3d 898 (2015)

21 N.Y.S.3d 335

2015 NY Slip Op 09253

CHANANYA GLAUBER, Respondent, v. G & G QUALITY CLOTHING, INC., et al., Appellants, et al., Defendant.

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

Decided December 16, 2015.

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

A party to an agreement will not be compelled to arbitrate, and thereby, to surrender the right to resort to courts, in the absence of evidence affirmatively establishing that the parties expressly agreed to arbitrate the dispute at hand (see God's Battalion of Prayer Pentecostal Church, Inc. v Miele Assoc., LLP, 6 N.Y.3d 371, 374 [2006]; Matter of...

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