MAREK v. ALEXANDER LAUFER AND SON, INC.


257 A.D.2d 363 (1999)

683 N.Y.S.2d 50

ZDENEK MAREK, Doing Business as ZINC, Appellant, v. ALEXANDER LAUFER AND SON, INC., Respondent. ZDENEK MAREK, Doing Business as ZINC, Appellant, v. ALEXANDER LAUFER AND SON, INC., Respondent.

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

Decided January 5, 1999.


Zinc, a garment manufacturer, began purchasing piece goods and yarn from Laufer in or about May 1996, making 62 purchases over the ensuing 17-month period. Zinc customarily placed its orders verbally and, for each transaction, Laufer sent a written confirmation. Each such confirmation contained, on the reverse side, a broad arbitration clause. However, it is undisputed that the subject of arbitration was never the topic of discussion between the parties. Thus, none of the...

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