Opinion
September 13, 1990
Appeal from the Supreme Court, New York County (Burton Sherman, J.).
Respondent Dubl-Duck Imports, Inc., and Dubl-Duck Pet Products, Inc. (Pet Products), which is not a party to this action, entered into a contract on March 3, 1986, by which respondent obtained the exclusive right to purchase merchandise to be sold by Pet Products. The March 3, 1986 contract contained, in addition, a broad arbitration clause. Thereafter, on February 1, 1987, respondent, Pet Products, and petitioner Jet Set Investments, Inc. entered into a "modification and settlement" agreement which contained no arbitration clause, but which by its terms incorporated the March 3, 1986 agreement, although modifying and superceding the March 3, 1986 agreement in various ways not here relevant.
While petitioner was not a signatory to the March 3, 1986 agreement, it was a signatory to the February 1, 1987 agreement. Petitioner's contention that it is not bound to arbitrate the present disputes must therefore be rejected, since the February 1 agreement incorporated the arbitration clause of the March 3 agreement. We perceive no ambiguity in the respective agreements, which are clearly and expressly worded and leave no doubt that arbitration of the present dispute was contemplated and intended by the parties.
Concur — Ross, J.P., Kassal, Ellerin and Wallach, JJ.