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MATTER OF OHR TORAH INSTITUTE

276 A.D.2d 634 (2000)

714 N.Y.S.2d 910

In the Matter of OHR TORAH INSTITUTE, Also Known as MANHATTAN HEBREW HIGH SCHOOL, Also Known as MESIVTA OHR TORAH, Appellant. ILYA MIKHAILOV et al., Respondents.

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

Decided October 16, 2000.

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

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; Schubtex, Inc. v Allen Snyder, Inc...

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