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IN THE MATTER OF VARSAMES v. DiMAURO

56 A.D.3d 681 (2008)

In the Matter of PAUL VARSAMES et al., Respondents, v. JOSEPH DiMauro, Appellant, et al., Defendant.

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

November 18, 2008.

Ordered that the order is affirmed, with costs.

A party will not be compelled to arbitrate absent evidence affirmatively establishing the parties' "`clear, explicit and unequivocal'" agreement to arbitrate their disputes (God's Battalion of Prayer Pentecostal Church, Inc. v Miele Assoc., LLP, 6 N.Y.3d 371, 374 [2006], quoting Matter of Waldron [Goddess], 61 N.Y.2d 181, 183 [1984...

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