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Polikoff v. Kluger

Appellate Division of the Supreme Court of New York, Second Department
Oct 31, 1977
59 A.D.2d 776 (N.Y. App. Div. 1977)

Opinion

October 31, 1977


In a proceeding to compel arbitration, the appeal is from an order of the Supreme Court, Westchester County, dated December 29, 1976, which denied the application. Order affirmed, with $50 costs and disbursements. We agree with Special Term that the guarantee in question was not so inextricably interwoven with other agreements so as to render the arbitration clauses contained in those other agreements applicable to the guarantee. As has so often been held, the parties' intention to adopt arbitration as an exclusive remedy must clearly appear from the contract. That is not the situation on this record, and no hearing was required to so determine. Gulotta, P.J., Latham, Damiani and O'Connor, JJ., concur.


Summaries of

Polikoff v. Kluger

Appellate Division of the Supreme Court of New York, Second Department
Oct 31, 1977
59 A.D.2d 776 (N.Y. App. Div. 1977)
Case details for

Polikoff v. Kluger

Case Details

Full title:HARRY POLIKOFF, Respondent, v. ALAN C. KLUGER, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 31, 1977

Citations

59 A.D.2d 776 (N.Y. App. Div. 1977)

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