Opinion
November 16, 1989
Appeal from the Supreme Court, New York County (Kristin Booth Glen, J.).
The Supreme Court, New York County, properly stayed the arbitration as to Bidermann Industries U.S.A., Inc. since Bidermann Industries U.S.A., Inc. never agreed to arbitrate any disputes with respondents with regard to the contracts in question. (Matter of Waldron [Goddess], 61 N.Y.2d 181.) Moreover, as found by Trial Term, there was no factual showing whatsoever that Bidermann Industries U.S.A., Inc. is the alter ego of Bidermann Industries Licensing, Inc. It is also noted that the application for a stay of arbitration was timely; the 20-day time limitation of CPLR 7503 does not apply to Bidermann Industries U.S.A., Inc., as it was not a party to the agreements in issue (see, Matter of Matarasso [Continental Cas. Co.], 56 N.Y.2d 264).
We have considered respondents' other contentions and find that they are without merit.
Concur — Murphy, P.J., Milonas, Ellerin and Rubin, JJ.