AM. UTEX INT'L, LTD. v. ICC CORP.


74 A.D.2d 747 (1980)

American Utex International, Ltd., Respondent, v. ICC Corporation, Appellant

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

March 6, 1980


This controversy arises out of an agreement between plaintiff and defendant for the purchase by plaintiff of 28,000 down-filled jackets to be shipped from Korea. Plaintiff alleges in its complaint that when the jackets were received they did not conform to the contract specifications. Defendant contends the parties had agreed to arbitrate plaintiff's claim. Plaintiff denies there was an agreement to arbitrate. That is the issue before us. On December 8, 1977 plaintiff issued...

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