MTR. OF GERA FABRICS DIV. (LIBERTY FABRICS)


14 Misc.2d 489 (1958)

In the Matter of the Arbitration between Gera Fabrics Division, Peter Fuller Enterprises, Inc., Petitioner, and Liberty Fabrics of New York, Inc., Respondent.

Supreme Court, Special Term, New York County.

April 8, 1958.


Attorney(s) appearing for the Case

Hahn & Golin (Jules J. L. Hessen and James C. Slaughter of counsel), for petitioner.

Tenzer, Greenblatt, Fallon & Kaplan (Irwin M. Rosenthal of counsel), for respondent.


MATTHEW M. LEVY, J.

Respondent moves to stay arbitration.

(1) Respondent had solicited a textile broker to sell certain dacron yarn and by a sales note the sale was effectuated to the petitioner. The sales note, a copy of which was mailed by the broker to each of the parties, contained a provision for arbitration. That provision was binding on both parties (Matter of Lesavoy Industries [Brighton Mills...

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