Opinion
October 19, 1998
Appeal from the Supreme Court, Orange County (Slobod, J.).
Ordered that the order is reversed, with costs, and the petition is granted.
Parties will not be held to have chosen arbitration as the forum for the resolution of their disputes in the absence of an express unequivocal agreement to that effect. Absent such an explicit commitment, neither party may be compelled to arbitrate ( see, Matter of Waldron [Goddess], 61 N.Y.2d 181; Matter of Acting Supt. of Schools of Liverpool Cent. School Dist. [United Liverpool Faculty Assn], 42 N.Y.2d 509, 512.). In addition, parties can, by agreement, exclude certain issues from arbitration by stating such exclusion in the plain language of their contract ( see, Matter of County of Rockland [Primiano Constr. Co.], 51 N.Y.2d 1; Matter of Riccardi [Modern Silver Linen Supply Co.], 36 N.Y.2d 945). Upon our review of the agreement at issue, we find that there was no express, unequivocal agreement to arbitrate the respondent's claims.
Bracken, J. P., Ritter, Copertino, Santucci and Altman, JJ., concur.