Jones Apparel Group, Inc. v. Petit

Kupferman, J. P., and Sandler, J., dissent in part in a memorandum by Sandler, J., as follows:

I am in general agreement with the court’s analysis.

However, rather than dispose of the issue on the present record, I would remand to permit both parties to address more completely the issue of whether arbitration is the prevailing practice and custom in the textile industry. In an affidavit submitted at Special Term, respondent’s officer stated without contradiction that "in the textile industry arbitration is the usual accepted method of resolving disputes and that purchase contracts almost…