MTR. OF BRODNAX MILLS (NEISLER MILLS)


7 A.D.2d 220 (1959)

In the Matter of the Arbitration between Brodnax Mills Inc., Appellant, and Neisler Mills Division of Massachusetts Mohair Plush Co., Inc., Respondent

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

February 3, 1959.


Attorney(s) appearing for the Case

Donald L. Kreindler of counsel (Edwin M. Otterbourg, Aaron Rosen and Melvin Liebowitz with him on the brief; Otterbourg, Steindler, Houston & Rosen, attorneys), for appellant.

Robert Levine of counsel (Frederick E. M. Ballon with him on the brief; Frederick E. M. Ballon, attorney), for respondent.

RABIN, J. P., FRANK, VALENTE, McNALLY and BERGAN, JJ., concur.


Per Curiam.

A dispute has arisen over the quality of 31,000 pounds of yarn delivered by respondent to petitioner under eight contracts which, by agreement of the parties, are each subject to arbitration.

The petitioner's notice to arbitrate was first based on four of the contracts and then amended to embrace six; but in the arbitration proceeding itself all eight contracts are claimed by petitioner to have been...

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