MATTER OF AVONDALE MILLS


89 Misc.2d 1042 (1977)

In the Matter of the Arbitration between Avondale Mills, Petitioner, and Majestic Carpet Mills, Inc., Div. of Celotex Corp., Respondent.

Supreme Court, Special Term, New York County.

February 25, 1977


Attorney(s) appearing for the Case

Otterbourg, Steindler, Houston & Rosen, P. C., for petitioner. Tunstead & Schechter for respondent.


ARNOLD L. FEIN, J.

This is an application for a judgment staying arbitration pursuant to agreements between respondent as buyer and petitioner as seller of textile goods. Petitioner contends that arbitration is barred by the clear limitation provision contained in each contract. Respondent claims that the contractual provision could not have been intended to apply to claims which accrued some time after delivery...

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