MATTER OF LAYTON-BLUMENTHAL (WASSERMAN CO.)


280 A.D. 135 (1952)

In the Matter of the Arbitration between Layton-Blumenthal, Inc., Respondent, and Jack Wasserman Co., Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 22, 1952.


Attorney(s) appearing for the Case

Melvin A. Albert of counsel (Allan D. Emil, attorney), for appellant.

Sigmund Moses of counsel (Stephen L. Hoffman, attorney), for respondent.

PECK, P. J., GLENNON, DORE, VAN VOORHIS and SHIENTAG, JJ., concur.


Per Curiam.

The burden is upon a party applying to compel another to arbitrate, to establish that there was a plain intent by agreement to limit the parties to that method of deciding disputes. "No one is under a duty to resort to arbitration unless by clear language he has so agreed" (Matter of Lehman v. Ostrovsky, 264 N.Y. 130, 132). In this case, respondent-appellant bought the goods under spot orders placed with petitioner verbally and entered on...

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