MATTER OF CONE MILLS


90 A.D.2d 31 (1982)

In the Matter of the Arbitration between Cone Mills Corporation, Respondent, and August F. Nielsen Co., Inc., Appellant In the Matter of the Arbitration between M. Lowenstein Corporation, Respondent, and August F. Nielsen Co., Inc., Appellant

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

November 9, 1982


Attorney(s) appearing for the Case

Louis Nizer of counsel (Phillips, Nizer, Benjamin, Krim, & Ballon, attorneys), for appellant.

Bernard A. Helfat of counsel (Helfat & Helfat, attorneys), for Cone Mills Corporation, respondent.

Alan C. Drewsen of counsel (Breed, Abbott & Morgan, attorneys), for M. Lowenstein Corporation, respondent.

SANDLER, SULLIVAN and CARRO, JJ., concur.


KUPFERMAN, J. P.

In these related cases, appellant, a clothing manufacturer, seeks to compel arbitration under the Federal Arbitration Act (US Code, tit 9, § 1 et seq.) of its breach of warranty claims against respondents, two separate suppliers of piece goods.

The goods purchased by appellant were bulk shipments of a polyester fabric treated with a chemical flame-retardant commonly known...

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