Rembrandt Industries, Inc. v. Hodges International, Inc.

Order entered in the Supreme Court, New York County, on March 22, 1974 denying defendant’s motion for dismissal of the complaint upon the grounds that there has been a prior arbitration and award, affirmed, without costs or disbursements, and with leave to defendant to plead res judicata as an affirmative defense. The record does not clearly establish that plaintiff’s counterclaim for breach of warranty was considered by the arbitrators. Special Term, in denying the motion to dismiss, expressly found “ that plaintiff’s present action seeking damages for defendant’s breach of warranty in…