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MATTER OF MARLENE INDS. (CARNAC)

45 N.Y.2d 327 (1978)

In the Matter of the Arbitration between Marlene Industries Corp., Appellant, and Carnac Textiles, Inc., Respondent.

Court of Appeals of the State of New York.

Decided July 11, 1978.

Attorney(s) appearing for the Case

Richard Weinberger for appellant.

Martin W. Fogel for respondent.

Chief Judge BREITEL and Judges JASEN, JONES, WACHTLER, FUCHSBERG and COOKE concur.

GABRIELLI, J.

This appeal involves yet another of the many conflicts which arise as a result of the all too common business practice of blithely drafting, sending, receiving, and filing unread numerous purchase orders, acknowledgments, and other divers forms containing a myriad of discrepant terms. Both parties agree that they have entered into a contract for the sale...

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