ARTHUR RICHARDS LTD. v. BRAMPTON TEXTILES, LTD.


59 A.D.2d 842 (1977)

Arthur Richards Ltd., Appellant, v. Brampton Textiles, Ltd., Respondent

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

November 3, 1977


Unanimously modified, on the law, without costs and without disbursements, to the extent of staying arbitration with respect to the issue of attorneys' fees and, as so modified, affirmed.

Petitioner's contention that the arbitration clause is unenforceable because it lacks mutuality, i.e., it can be invoked only at the option of the seller, may not be urged at this time because such contention was not urged at Special Term in support of petitioner's request for a...

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