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REMBRANDT IND. v. HODGES INT.

38 N.Y.2d 502 (1976)

Rembrandt Industries, Inc., Respondent, v. Hodges International, Inc., Appellant.

Court of Appeals of the State of New York.

Decided January 8, 1976.

Attorney(s) appearing for the Case

J. John Lawler for appellant.

Henry L. Bayles for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, FUCHSBERG and COOKE concur in memorandum; Judges JONES and WACHTLER dissent and vote to reverse in a separate memorandum.

MEMORANDUM.

The Appellate Division was eminently correct in denying the motion to dismiss the complaint. On the demand for arbitration and the ensuing award, together with the intermediate correspondence, it is entirely unclear whether the arbitrators determined the merits of the plaintiff buyer's claim for breach of warranty. True, by letter sent before the hearing, the arbitrators "unanimously ruled not to admit [buyer...

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