Legal Opinion

Ernest J. Michel & Co., Inc. v. Anabasis Trade, Inc.

New York Court of Appeals

Decided June 24, 1980PublishedCited by 20 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

We agree with the Appellate Division that appellant buyer, by its affirmative actions, agreed to submit all disputes arising out of the contracts in issue to arbitration. An agreement to arbitrate was manifested by appellant by signing the first confirmation of order form with admitted knowledge that an arbitration clause was contained therein and, thereafter, by receiving and retaining six additional confirmations of orders on the same contract form without objection except for a request for one…

2Cases cited2 opinions

  1. In re the Arbitration between Marlene Industries Corp. & Carnac Textiles, Inc.New York Court of Appeals · 1978
  2. Schubtex, Inc. v. Allen Snyder, Inc.New York Court of Appeals · 1979

3Cited by20 opinions

  1. Coastal Industries, Inc., a Corporation, Cross-Appellee v. Automatic Steam Products Corp., Cross-AppellantCourt of Appeals for the Fifth Circuit · 1981
  2. St. Charles Cable TV, Inc. v. Eagle Comtronics, Inc.District Court, S.D. New York · 1988
  3. Kay-Bee Toys Corp. v. Winston Sports Corp.Appellate Division of the Supreme Court of the State of New York · 1995
  4. In re the Arbitration between Lory Fabrics, Inc. & Dress Rehearsal, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
  5. Wyandotte Industries v. E.Y. Neill & Co. (In Re First Hartford Corp.)United States Bankruptcy Court, S.D. New York · 1986

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