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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46462 Justice Austin DEFENDANT CONTRACTOR’S March 28, 2000 letter agreement, executed on plaintiff subcontractor’s behalf on April 18, 2000, fixed plaintiff’s payment for work to be performed within certain standards and state labor department prevailing wage guidelines. Although the letter referred to a pending standard form contract bearing an arbitration clause, a formal contract was never executed. When plaintiff sued for payment due under the letter, defendant moved to compel arbitration pursuant to the unexecuted contract. The court found that the operative agreement between the parties was the March 28, 2000 letter, which lacked an arbitration provision and did not demonstrate the parties’ intention to submit disputes to arbitration. Citing Matter of Waldron (Goddess), the court ruled that because the letter agreement lacked a clear, unequivocal indication that the parties agreed to submit to arbitration, it could not compel arbitration.

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