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In re the Arbitration between IMG Publishing & Viesti

Appellate Division of the Supreme Court of New York, First Department
Feb 14, 1991
170 A.D.2d 268 (N.Y. App. Div. 1991)

Opinion

February 14, 1991

Appeal from the Supreme Court, New York County (Kenneth L. Shorter, J.).


Petitioner was neither a party to nor signatory of the contracts between Miller Press, Inc. and its employee, respondent Joseph Viesti. Therefore, absent an agreement to arbitrate between petitioner and respondent, petitioner's application to stay arbitration was properly granted, without regard to the statutory twenty-day period of CPLR 7503 (c). (Matter of Matarasso [Continental Cas. Co.], 56 N.Y.2d 264, 267-268.) A person may not be bound to arbitrate by mere inaction for twenty days where no agreement to arbitrate has ever been made. (Supra, at 267.) Furthermore, the fact that petitioner's counsel, on behalf of Miller, selected arbitrators or hearing dates, does not evince an intention by petitioner to arbitrate the dispute. (Matter of Lory Fabrics [Dress Rehearsal], 78 A.D.2d 262. )

Concur — Sullivan, J.P., Carro, Wallach, Kupferman and Kassal, JJ.


Summaries of

In re the Arbitration between IMG Publishing & Viesti

Appellate Division of the Supreme Court of New York, First Department
Feb 14, 1991
170 A.D.2d 268 (N.Y. App. Div. 1991)
Case details for

In re the Arbitration between IMG Publishing & Viesti

Case Details

Full title:In the Matter of the Arbitration between IMG PUBLISHING, Respondent, and…

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

Date published: Feb 14, 1991

Citations

170 A.D.2d 268 (N.Y. App. Div. 1991)
565 N.Y.S.2d 522