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MATTER OF KATZ v. ALPERT

1851N, 603061/08

68 A.D.3d 640 (2009)

2009 NY Slip Op 9547

891 N.Y.S.2d 386

In the Matter of LOIS KATZ et al., Respondents, v. CHARLES ALPERT et al., Appellants.

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

Decided December 22, 2009.

"It is settled that 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. The agreement must be clear, explicit and unequivocal" (Matter of Waldron [Goddess], 61 N.Y.2d 181, 183 [1984] [internal quotation marks and citations omitted...

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