Opinion
October 23, 2001.
Order, Supreme Court, New York County (Louise Gruner Gans, J.), entered on or about April 2, 2001, which granted defendant's motion to stay the action and compel arbitration under the subject agreement, unanimously affirmed, with costs.
Mark L. Lubelsky, for plaintiff-appellant.
John B. Simoni, Jr., for defendant-respondent.
Before: Nardelli, J.P., Tom, Mazzarelli, Ellerin, Lerner, JJ.
The court properly enforced the arbitration clause contained in the contract which was expressly incorporated into the parties' executed letter agreement (see, Matter of Bay Anesthesia, P.C. v. Zegelstein, 194 A.D.2d 397; Jet Set Investments, Inc. v. Dubl-Duck Imports, Inc., 165 A.D.2d 703). There is no requirement that a written agreement to arbitrate be signed by a party against whom arbitration is sought, as long as there is an express, unequivocal agreement to arbitrate (see,Rudolph Beer, LLP v. Roberts, 260 A.D.2d 274, 276). We have considered plaintiff's remaining contentions and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.