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TANBRO FABRICS v. DEERING MILLIKEN

35 A.D.2d 469 (1971)

Tanbro Fabrics Corporation, Respondent, v. Deering Milliken, Inc., Appellant, et al., Defendant

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

January 14, 1971.

Attorney(s) appearing for the Case

Frederic P. Houston of counsel (Melvin Liebowitz and Gerald A. McCarville with him on the brief; Otterbourg, Steindler, Houston & Rosen P.C., attorneys), for appellant.

Bernard Beitel of counsel (Gainsburg, Gottlieb, Levitan & Cole, attorneys), for respondent.

EAGER, J. P., and TILZER, J., concur with MACKEN, J.; McGIVERN, J., dissents in an opinion.

MACKEN, J.

The question presented is whether respondent, Tanbro Fabrics Corporation (Tanbro), is required to arbitrate its claim against appellant, Deering Milliken, Inc. (Milliken). Tanbro and defendant, Mill Fabrics Corporation (Mill), are fabric converters. Milliken is a major supplier of textiles. In 1968 Mill bought 510,000 yards of fabric from Milliken and paid for it. The fabric was to be held for Mill...

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