MATTER OF ARBITRATION BETWEEN LORY FABRICS, INC. AND DRESS REHEARSAL, INC.


78 A.D.2d 262 (1980)

In the Matter of the Arbitration between Lory Fabrics, Inc., Respondent, and Dress Rehearsal, Inc., Appellant

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

December 30, 1980


Attorney(s) appearing for the Case

Robert J. Miller of counsel (Donald L. Kreindler and Michael D. Blutrich with him on the brief; Kreindler & Relkin, attorneys), for appellant.

Gary M. Lyman of counsel (Ballon, Stoll & Itzler, attorneys), for respondent.

KUPFERMAN, J. P., FEIN, ROSS and BLOOM, JJ., concur.


BIRNS, J.

Special Term granted the petition of Lory Fabrics, Inc. to compel arbitration. Dress Rehearsal, Inc. appeals.

This case presents a problem in the continuing "battle of the forms."1 Again, the basic issue is whether there was an enforceable agreement to arbitrate.

The forms which gave rise to the conflicting contentions of the parties were contained in correspondence...

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