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Accessory Corp. v. Capco Wai Shing, LLC – Case Brief Summary (New York)

In Accessory Corp. v. Capco Wai Shing, LLC, (39 A.D.3d 344, 834 N.Y.S.2d 139, 2007 NY Slip Op 3199, 1 [1st Dept. 2007]), the First Department declined to compel plaintiff to arbitrate when plaintiff had an arbitration agreement with one defendant, but not with the other related defendants.

The First Department held that "a party will not be compelled to arbitrate and, thereby, to surrender the right to resort to the courts, absent evidence which affirmatively establishes that the parties expressly agreed to arbitrate their disputes".

Where Defendants have proffered no evidence indicating that litigation Plaintiffs expressly consented to the arbitration agreement in question, the court will not compel non-signatory Plaintiffs to arbitrate, despite their relationship with Arbitration Plaintiffs (see, id.)