Legal Opinion

Gera Fabrics Division, Peter Fuller Enterprises, Inc. v. Liberty Fabrics of New York, Inc.

New York Supreme Court

Decided April 8, 1958PublishedCited by 4 opinions

1Opinion of the CourtMatthew M. Levy, J.

Respondent moves to stay arbitration. (1) Respondent had solicited a textile broker to sell certain dacron yarn and by a sales note the sale was effectuated to the petitioner. The sales note, a copy of which was mailed by the broker to each of the parties, contained a provision for arbitration. That provision was binding on both parties (Matter of Lesavoy Industries [Brighton Mills], 304 N. Y. 595, 596; Matter of Kurlan [Dauray Textiles], N. Y. L. J., Feb. 3, 1956, p. 8, col. 4 [Spec. Term. Part I, Sup. Ct., N. Y. County, Matthew M. Levy, J.]).(2) In the circumstances disclosed by this…

2Cases cited4 opinions

  1. Klein Coat Corp. v. PeretzNew York Supreme Court · 1956
  2. In re the Arbitration between Eimco Corp. & Deering, Milliken & Co.New York Supreme Court · 1957
  3. In re the Arbitration between Tuttman & Kattan, Talamas Export Corp.Appellate Division of the Supreme Court of the State of New York · 1948
  4. In re the Arbitration between Lesavoy Industries, Inc. & Brighton Mills, Inc.New York Court of Appeals · 1952

3Cited by4 opinions

  1. In re the Arbitration between New York Central Railroad & Erie RailroadNew York Supreme Court · 1961
  2. In re the Arbitration between Eagle Insurance & RuizNew York Supreme Court · 1988
  3. Morgan Guaranty Trust Co. v. WassermanNew York Supreme Court · 1960
  4. Regal Extract Co. v. H. Schoenfeld & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1975

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