In re the Arbitration between Suits Galore, Inc. & Stone Ridge Knitting Milis, Inc.

Appellate Division of the Supreme Court of New York

In re the Arbitration between Suits Galore, Inc. & Stone Ridge Knitting Milis, Inc.

49 A.D.2d 819, 372 N.Y.S.2d 686, 1975 N.Y. App. Div. LEXIS 10934

Appellate Division of the Supreme Court of the State of New York·Decided October 2, 1975·Published·Cited by 2 cases

Opinion

Judgment, Supreme Court, New York County, entered May 23, 1975, denying petitioner’s application to stay arbitration, unanimously affirmed, with $40 costs and disbursements to respondent. It is clear from the record that petitioner received and retained, without objection, the subject contracts, each containing a broad arbitration clause. Moreover, it also appears that goods were subsequently delivered to and accepted by petitioner, and that the invoices which were issued for each of the shipments contained a reference to the particular contract involved. Under the circumstances, petitioner is bound by the arbitration clauses contained in the two contracts, and the application for a stay of arbitration was properly denied. (Matter of Helen Whiting, [Trojan Textile Corp.J 307 NY 360; Trafalger Sq. v Reeves Bros. , 35 AD2d 194.) Concur—Markewich, J. P., Lupiano, Tilzer, Capozzoli and Lane, JJ.

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Judgment, Supreme Court, New York County, entered May 23, 1975, denying petitioner’s application to stay arbitration, unanimously affirmed, with $40 costs and disbursements to respondent. It is clear from the record that petitioner received and retained, without objection, the subject contracts, each containing a broad arbitration clause. Moreover, it also appears that goods were subsequently delivered to and accepted by petitioner, and that the invoices which were issued for each of the shipments contained a reference to the particular contract involved. Under the circumstances, petitioner is bound by the arbitration clauses contained in the two contracts, and the application for a stay of arbitration was properly denied. (Matter of Helen Whiting, [Trojan Textile Corp.J 307 NY 360; Trafalger Sq. v Reeves Bros. , 35 AD2d 194.) Concur—Markewich, J. P., Lupiano, Tilzer, Capozzoli and Lane, JJ.

In re the Arbitration between Suits Galore, Inc. & Stone Ridge Knitting Milis, Inc., 49 A.D.2d 819, 372 N.Y.S.2d 686, 1975 N.Y. App. Div. LEXIS 10934 (N.Y. Ct. App. 1975).

Pincite

49 A.D.2d 819 (In re the Arbitration between Suits Galore, Inc. & Stone Ridge Knitting Milis, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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