ASTOR CHOCOLATE CORP. v. MIKROVERK LTD.

No. CV-88-3380.

704 F.Supp. 30 (1989)

ASTOR CHOCOLATE CORP., Plaintiff, v. MIKROVERK LTD. and Mikroverk AS, Defendant.

United States District Court, E.D. New York.

January 20, 1989.


Attorney(s) appearing for the Case

Sheldon Krause, Zyskind & Krause, New York City, for plaintiff.

Steven M. Nachman, Webster & Sheffield, New York City, for defendant.


MEMORANDUM AND ORDER

GLASSER, District Judge:

Defendant Mikroverk Ltd. moves to dismiss pursuant to Fed.R.Civ.P. 12(b)(1), or, alternatively, asks the court to stay the action pending the outcome of an arbitration proceeding. The resolution of the motion turns on whether an arbitration clause unilaterally added to the terms of the agreement set forth in a sales confirmation letter ultimately became part of a contract between the parties. For the reasons...

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