MATTER OF DRAKE FABRICS, INC. v. L'EGUNA TEXTILES, INC.


186 A.D.2d 381 (1992)

In the Matter of Drake Fabrics, Inc., Appellant, v. L'Eguna Textiles, Inc., Respondent

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

October 6, 1992


The record supports the IAS Court's finding that petitioner signed the larger of the two purchase orders on its own behalf and not as an agent of an accommodating third party. Since the two purchase orders, both of which contained an arbitration clause, were issued simultaneously and involved identical goods, it is clear that they were part and parcel of a single transaction. Given these circumstances, petitioner's signature on...

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