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MATTER OF WINDSOR METAL FABRICATIONS, LTD. v. VESCOM SYSTEMS, INC.

280 A.D.2d 607 (2001)

720 N.Y.S.2d 804

In the Matter of WINDSOR METAL FABRICATIONS, LTD., Appellant, v. VESCOM SYSTEMS, INC., Respondent.

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

Decided February 20, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs.

The appellant, a fabricator of structural steel, submitted a breach of contract claim to arbitration pursuant to an arbitration clause in its original contract with the respondent. During the arbitration proceedings, the appellant offered evidence of what it claimed was a second contractual relationship formed by the respondent's acquiescence and conduct...

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