MATTER OF NAT'L EQUIP. RENTAL LTD.


28 N.Y.2d 639 (1971)

In the Matter of the Arbitration between National Equipment Rental Ltd. et al., Appellants, and American Pecco Corporation, Respondent.

Court of Appeals of the State of New York.

Decided February 18, 1971.


Attorney(s) appearing for the Case

Joseph Lotterman for appellants.

Benjamin Busch for respondent.

Chief Judge FULD and Judges SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur in Per Curiam opinion; Judge BURKE taking no part.


Per Curiam.

The agreement between the parties contained a broad arbitration clause to the effect that "Any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be settled by arbitration". Such provision embraced a dispute over whether the seller-installer had performed its obligations. It is immaterial that the buyer in resisting payment contends that the failure to perform...

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