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MATTER OF TOWN OF MOUNT PLEASANT v. JJC CONSTRUCTION CORP.

35 A.D.3d 869 (2006)

826 N.Y.S.2d 717

In the Matter of TOWN OF MOUNT PLEASANT, Appellant, v. JJC CONSTRUCTION CORP., Respondent.

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

Decided December 26, 2006.

Ordered that the order is reversed, on the law, with costs, the petition is granted, the cross petition is denied, the demand for arbitration is vacated, and the arbitration is permanently stayed.

The law is well settled that a party may not be compelled to arbitrate a dispute unless there is evidence affirmatively establishing that the parties clearly, explicitly, and unequivocally agreed to arbitrate (see Matter of...

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