MATTER OF BAROQUE FASHIONS, INC.


19 A.D.2d 873 (1963)

In the Matter of the Arbitration between Baroque Fashions, Inc., Appellant, and Scotney Mills, Inc., Respondent

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

November 19, 1963


Order, entered on April 26, 1963, denying petitioner's application to stay arbitration, unanimously reversed, on the law and the motion is granted to the extent of ordering a hearing to determine whether there was an agreement to arbitrate, with costs to abide the event.

The respondent may not be compelled to arbitrate unless it has clearly agreed to do so (Matter of Level Export Corp. [Wolz, Aiken & Co.], 305 N.Y. 82, 86...

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