289 N.Y.S.2d 12, 14 (N.Y. App. Div. 1968) (per curiam) (“Unless [appellant] is a party to an agreement to arbitrate, or unless by its actions or course of conduct it embraces or adopts such agreement, or seeks to benefit directly by provisions of such agreement, it, of course, is not bound by the result in arbitration proceedings between [respondent] and [appellant’s wholly owned subsidiaries.”). On appeal, defendants fail to point to any evidence submitted on summary judgment suggesting that plaintiff is a party to the arbitration agreement between Liberty Mutual and Frankenmuth, that he adopted the agreement, or that he sought to benefit directly from the arbitration. See Hartford Acc. & Indem. Co. v. Maryland Cas. Co., 75 Misc.2d 410, 412, 347 N.Y.S.2d 380, 383 (N.Y. Sup. Ct. 1973) (<HOLDING>). Nor is there any evidence that plaintiff
holding that driver was not bound in subsequent personal injury case by prior arbitration decision that plaintiffs injuries were related to auto accident because driver was not in privity with his insurance carrier and did not participate in arbitration holding that the arbitration agreement in a written contract did not apply to a dispute arising from a subsequent oral agreement which did not incorporate the arbitration clause from the written contract holding that the federal arbitration act requires piecemeal resolution when necessary to give effect to an arbitration agreement and mandates enforcement of an arbitration agreement notwithstanding the presence of other persons who are parties to the underlying dispute but not to the arbitration agreement emphasis added holding that plaintiffs personal injury action against other driver in auto accident was not precluded by arbitration award between insurance carriers regarding damage to plaintiffs car because plaintiff did not participate in or control arbitration was not a party to arbitration agreement did not adopt agreement or attempt to benefit from agreement holding trial court must decide whether to compel arbitration of personal injury claim of party who was not signatory to arbitration agreement