BURNS v. ALLMILMO CORP.


133 A.D.2d 803 (1987)

Phyllis M. Burns, Respondent, v. Allmilmo Corp., Appellant

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

October 26, 1987


Ordered that the order is affirmed, with costs.

A review of the record supports the finding that it was readily apparent that the appellant had breached the contract. Therefore, the contract provision prohibiting cancellation by the petitioner was not in issue as the breach itself was the factor that resulted in the cancellation of the contract. The arbitration proceeding was instituted for the purpose of fashioning the remedy for the breach and not for rescission...

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