MATTER OF MARCUS BROS. TEXTILES, INC. v. AVONDALE MILLS, INC.


78 A.D.2d 800 (1980)

In the Matter of Marcus Brothers Textiles, Inc., Appellant, v. Avondale Mills, Inc., Respondent

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

November 13, 1980


Reversed, on the law, and on the facts, with costs and with disbursements, and the petition to stay arbitration is granted.

Both parties concede that arbitration is the appropriate vehicle to resolve their differences. Petitioner-appellant objects to the inclusion in the demand for arbitration of three memoranda sent by respondent seller confirming the signed sales agreement. The facts surrounding the underlying transactions are not in dispute. During the summer of...

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