In Matter of Wagner Acquisition Corp. v. Giove (250 AD2d 857 [2d Dept 1998]), the decision by the lower court to deny a request for preliminary injunction pursuant to CPLR 7502 (c) was reversed by the appellate court. The Appellate Division held that the focus should have been solely on whether the parties had made a valid agreement to arbitrate and not on the enforceability of the contract. (Id.) Furthermore, the court went on to note that once it was established that a valid agreement to arbitrate existed a preliminary injunction should have been granted. (Id.)