MATTER OF PAVIA & CO. (FULTON CO. SILK MILLS)


284 A.D. 391 (1954)

In the Matter of the Arbitration between Pavia & Co., Inc., Appellant, and Fulton County Silk Mills, Respondent

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

June 15, 1954.


Attorney(s) appearing for the Case

Michael P. Bazell of counsel (Baker, Obermier & Rosner, attorneys), for appellant.

Horace S. Manges of counsel (Milton Haselkorn with him on the brief; Arthur C. Aulisi, attorney), for respondent.

PECK, P. J., DORE, CALLAHAN and BERGAN, JJ., concur in Per Curiam opinion; BREITEL, J., dissents in opinion.


Per Curiam.

The parties effected a sale of goods by telephone on September 14, 1953. Petitioner, the seller, asserts that its standard form of contract containing an arbitration clause was then mailed to respondent, the buyer. The form stated that it was in confirmation of sale made by telephone, provided for acceptance by signature of the buyer, and further provided that "Unless this contract is returned by the Buyer...

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