MATTER OF SPIRS TRADING CO., LTD. v. OCCIDENTAL YARNS, INC.


73 A.D.2d 542 (1979)

In the Matter of Spirs Trading Co., Ltd., Appellant, v. Occidental Yarns, Inc., Respondent

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

December 13, 1979


Petitioner-appellant purchased yarn from respondent. Each of the purchase orders contained an arbitration clause which provided for arbitration of "any claim or controversy which may arise out of or relating to this contract or breach thereof." In April, 1979, respondent commenced a breach of contract action for yarn sold and delivered, in Superior Court, Kent County, Rhode Island. Respondent obtained jurisdiction on the basis of

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