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  5. 52 A.D.2d 481 (1976)
 

MATTER OF ARBITRATION BETWEEN GAYNOR-STAFFORD INDUSTRIES, INC. AND MAFCO TEXTURED FIBERS

52 A.D.2d 481 (1976)

In the Matter of the Arbitration between Gaynor-Stafford Industries, Inc., Respondent, and Mafco Textured Fibers, a Division of MacAndrews & Forbes Company, Appellant

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

June 15, 1976

Attorney(s) appearing for the Case

John F. LeViness, III, of counsel (Mark D. Lefkowitz with him on the brief; Cross & LeViness, attorneys), for appellant.

Herbert Bernstein of counsel (Ballon, Stoll & Itzler attorneys), for respondent.

MURPHY, J. P., CAPOZZOLI, LANE and NUNEZ, JJ., concur.

BIRNS, J.

Both parties to this appeal are merchants in the textile industry.

Beginning in April, 1974 they entered into a series of contracts for the purchase by respondent from appellant of substantial quantities of textured polyester yarn. In each instance, respondent placed an oral order with appellant for the yarn. A written order acknowledgment from appellant of the oral order followed and thereafter...

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