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LEADERTEX v. MORGANTON DYEING & FINISHING CORP.

No. 1170, Docket 94-7949.

67 F.3d 20 (1995)

LEADERTEX, INC., Plaintiff-Counter-Defendant-Appellee, v. MORGANTON DYEING & FINISHING CORP., Defendant-Counter-Claimant-Appellant, Does 1 Through 25, Inclusive, Defendants.

United States Court of Appeals, Second Circuit.

Decided September 28, 1995.

Attorney(s) appearing for the Case

Donald L. Kreindler, New York City (David P. Lennon, Kreindler & Relkin, P.C., of counsel), for Appellant Morganton Dyeing & Finishing Corp.

William C. Kratenstein, New York City (Becker Ross Stone DeStefano & Klein; Morgan D. Bottehsazan, Great Neck, New York, of counsel), for Appellee Leadertex, Inc.

Before: KEARSE, CARDAMONE, and MAHONEY, Circuit Judges.

CARDAMONE, Circuit Judge:

Before us is an order from the Southern District of New York (Duffy, J.) that denied a belated motion to compel arbitration. Defendant had made the motion after plaintiff brought suit against it for breach of contract, breach of warranty, negligence, conversion, replevin, and defamation. We must decide whether the party seeking to enforce arbitration has in this case waived that right.

Defendant Morganton Dyeing & Finishing Corp...

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