ALLEN KNITTING MILLS v. DORADO DRESS


39 A.D.2d 286 (1972)

Allen Knitting Mills, Inc., Appellant, v. Dorado Dress Corporation, Respondent

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

June 27, 1972.


Attorney(s) appearing for the Case

Richard L. Aronstein of counsel (Jacob Krisel with him on the brief; Krisel, Lassall, Mintz & Dowling, attorneys), for appellant.

Elliott J. Solomon of counsel (Phillips, Nizer, Benjamin, Krim & Ballon, attorneys), for respondent.

MARKEWICH, J. P., KUPFERMAN, TILZER and EAGER, JJ., concur in Per Curiam opinion; STEUER, J., dissents in an opinion.


Per Curiam.

By this proceeding petitioner seeks to eliminate from the scope of arbitration those demands which seek recovery of consequential damages, i.e., $40,000 for loss of profit; $100,000 from loss of goodwill and reputation. It is petitioner's contention that the arbitrators are without power to consider such items of damage since the contracts of sale contained a clause limiting the seller's liability to the...

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