In re the Arbitration between Riverdale Fabrics Corp. & Tillinghast-Stiles Co.

In a proceeding to stay a proposed arbitration, petitioner appeals from an order dismissing the petition and directing that the controversy proceed to arbitration. Order reversed on the law and the facts, with $10 costs and disbursements, and application for stay granted, without costs. The controversy between the parties stems from a written contract for the sale of cotton yam, which contract contains no express provision subjecting the controversy to arbitration. The provision in the contract on which respondent relies is, in fine print, that the contract is subject to certain “ Cotton Yarn…