BONA TOGS v. GOLDSTEIN & LEAVY


31 Misc.2d 765 (1961)

Bona Togs, Ltd., Plaintiff, v. Goldstein & Leavy, Inc., Defendant.

Municipal Court of the City of New York, Borough of Manhattan.

November 28, 1961


Attorney(s) appearing for the Case

Weil, Gotschal & Manges (Michael K. Stanton of counsel), for defendant. Benjamin & Meyer Leibowitz (Benjamin Leibowitz of counsel), for plaintiff.


BERNARD WEISS, J.

Defendant moved to stay this action pending arbitration. The matter was referred to this court, pursuant to section 1450 of the Civil Practice Act, for trial without a jury as to the making of the alleged arbitration contract and final determination of the motion.

The action is for breach of warranty in the sale of certain finished fabric intended for manufacture into pleated skirts. Defendant rested after introducing two exhibits...

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