M & D SIMON CO., DIV. OF BOBBIE BROOKS, INC. v. SWANZEY WOOLEN MILLS, DIV. OF HOMESTEAD WOOLEN MILLS, INC.


58 A.D.2d 750 (1977)

M & D Simon Company, Division of Bobbie Brooks, Inc., Appellant-Respondent, v. Swanzey Woolen Mills, Division of Homestead Woolen Mills, Inc., Respondent-Appellant

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

July 5, 1977


Respondent-respondent-appellant shall recover of petitioner-appellant-respondent $60 costs and disbursements of this appeal. Upon appeal, the sole issue presented is whether the parties will go to arbitration before the AAA in New York City or in Cleveland. In signing Swanzey's sales form No. 16355, Simon initially agreed to arbitrate any dispute in New York City. The question of whether the parties' subsequent exchange of unsigned invoices canceled, superseded or amended...

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