Springs Mills, Inc. v. Carolina Underwear Co.

Order and judgment (one paper), Supreme Court, New York County (Taylor, J.), entered March 24, 1981, is unanimously modified, on the law, to the extent that petitioner’s application for a stay of arbitration is 'granted as to all claims with respect to goods as to which tender of delivery was made before April 9, 1976, and respondent’s motion to compel arbitration is denied as to such claims, and the order and judgment are otherwise affirmed, without costs. Petitioner objects that notice of defects was not timely served as required by section 2-607 (subd [3], par [a]) of the Uniform…