ALEX COLMAN INC. v. SILVERMAN PRODS. & TEXTILES, INC.


212 A.D.2d 452 (1995)

622 N.Y.S.2d 729

Alex Colman Inc., Respondent, v. Silverman Products & Textiles, Inc., Appellant

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

February 21, 1995


The IAS Court, in staying the parties' arbitration, properly determined that the arbitration clause in the sales confirmation forms issued by the appellant in response to the purchase orders issued by the petitioner, which did not contain such an arbitration clause, constituted a material alteration of the petitioner's purchase order, which was neither part of the parties' contract nor binding upon the petitioner, in accordance with UCC 2-207 (2) (b). The Court of Appeals...

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