Ernest J. Michel & Co., Inc., Appellant,
v.
Anabasis Trade, Inc., Respondent.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued June 2, 1980.
Decided June 24, 1980.
Attorney(s) appearing for the Case
Michael C. Wimpfheimer and Henry Wimpfheimer for appellant.
Donald L. Kreindler and Michael D. Blutrich for respondent.
Kurt J. Wolff and Daniel Wallen for American Textile Manufacturers Institute, Inc., amicus curiae.
Cecil A. Citron and Michael Wexelbaum for Lawyers Association of the Textile Industry, amicus curiae.
Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum; Judge GABRIELLI concurs on constraint of Schubtex, Inc. v Allen Snyder, Inc. ().
Court of Appeals of the State of New York.
MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs.
We agree with the Appellate Division that appellant buyer, by its affirmative actions, agreed to submit all disputes arising out of the contracts in issue to arbitration. An agreement to arbitrate was manifested by appellant by signing the first confirmation of order form with admitted knowledge that an arbitration clause was contained...
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