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ROCHELLE FABRICS LTD. v. TOP KID'S, INC.

247 A.D.2d 232 (1998)

668 N.Y.S.2d 589

Rochelle Fabrics Ltd., Appellant, v. Top Kid's, Inc., Respondent

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

February 5, 1998

The petition was properly dismissed on the ground that there was no agreement to arbitrate. Petitioner's contract, never signed by respondent, containing the arbitration clause, was issued in response to purchase orders issued by respondent that specifically excluded arbitration (Alex Colman Inc. v Silverman Prods. & Textiles, 212 A.D.2d 452). Nor, absent an agreement to arbitrate, is there merit to petitioner's argument that...

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