Legal Opinion

In re the Arbitration between Lory Fabrics, Inc. & Dress Rehearsal, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided December 30, 1980PublishedCited by 12 opinions

1Opinion of the Court

OPINION OF THE COURT

Birns, J.

Special Term granted the petition of Lory Fabrics, Inc. to compel arbitration. Dress Rehearsal, Inc. appeals.

This case presents a problem in the continuing “battle *263of the forms.”1 Again, the basic issue is whether there was an enforceable agreement to arbitrate.

The forms which gave rise to the conflicting contentions of the parties were contained in correspondence between Lory, a New York City based firm, and Dress Rehearsal, with headquarters in Los Angeles, California and an office in New York City.

Lory sold 120,000 yards of fabric material to Dress Rehearsal…

2Cases cited14 opinions

  1. Prima Paint Corp. v. Flood & Conklin Mfg. Co.Supreme Court of the United States · 1967
  2. In re the Arbitration between Marlene Industries Corp. & Carnac Textiles, Inc.New York Court of Appeals · 1978
  3. In re the Arbitration between Rederi & Dow Chemical Co.New York Court of Appeals · 1970
  4. In re the Arbitration between Doughboy Industries Inc. & Pantasote Co.Appellate Division of the Supreme Court of the State of New York · 1962
  5. Avila Group, Inc. v. Norma J. of CaliforniaDistrict Court, S.D. New York · 1977

9 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Reilly Foam Corp. v. Rubbermaid Corp.District Court, E.D. Pennsylvania · 2002
  2. Opals On Ice Lingerie v. Body Lines Inc.Court of Appeals for the Second Circuit · 2003
  3. Linea Naviera De Cabotaje, C.A. v. Mar Caribe De Navegacion, C.A.District Court, M.D. Florida · 2001
  4. Opals on Ice Lingerie v. Body Lines Inc.Court of Appeals for the Second Circuit · 2003
  5. Flender Corp. v. Tippins International, Inc.Superior Court of Pennsylvania · 2003

7 more not listed; retrieve them via the Exa API.

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