The record does not clearly establish that plaintiff's counterclaim for breach of warranty was considered by the arbitrators. Special Term, in denying the motion to dismiss, expressly found "that plaintiff's present action seeking damages for defendant's breach of warranty in delivering defective goods, was excluded from the disputes submitted to arbitration, as the letter from the arbitration body to the parties indicates." There is support in the record for this finding...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
