Legal Opinion
In re the Arbitration between Marlene Industries Corp. & Carnac Textiles, Inc.
New York Court of Appeals
Decided July 11, 1978PublishedCited by 154 opinions
1Opinion of the Court
OPINION OF THE COURT
Gabrielli, J.
This appeal involves yet another of the many conflicts which arise as a result of the all too common business practice of blithely drafting, sending, receiving, and filing unread *330numerous purchase orders, acknowledgments, and other divers forms containing a myriad of discrepant terms. Both parties agree that they have entered into a contract for the sale of goods; indeed, it^would appear that there is no disagreement as to most of the essential terms of their contract. They do disagree, however, as to whether their agreement includes a provision for the…
2Cases cited7 opinions
- In re the Arbitration between the Acting Superintendent of Schools of Liverpool Central School District v. United Liverpool Faculty Ass'nNew York Court of Appeals · 1977
- Poel v. . Brunswick-Balke-Collender Co.New York Court of Appeals · 1915
- In re the Arbitration between Riverdale Fabrics Corp. & Tillinghast-Stiles Co.New York Court of Appeals · 1954
- Matter of Lehman v. OstrovskyNew York Court of Appeals · 1934
- Gangel v. DeGrootNew York Court of Appeals · 1977
2 more not listed; retrieve them via the Exa API.
3Cited by154 opinions
- Dallas Aerospace, Inc., Plaintiff-Counter-Defendant-Appellant v. Cis Air Corporation, Defendant-Counter-Claimant-AppelleeCourt of Appeals for the Second Circuit · 2003
- Par-Knit Mills, Inc. v. Stockbridge Fabrics Company, Ltd.Court of Appeals for the Third Circuit · 1980
- In re the Arbitration between the County of Rockland & Primiano Construction Co.New York Court of Appeals · 1980
- TNS Holdings, Inc. v. MKI Securities Corp.New York Court of Appeals · 1998
- In re the Arbitration between Waldron & GoddessNew York Court of Appeals · 1984
149 more not listed; retrieve them via the Exa API.