Charles S. Fields, Inc. v. American Hydrotherm Corp.

We agree with the Special Term’s ruling that, the claim of rescission—the specific ground on which petitioner (Fields) based its motion to stay arbitration—is a question for the arbitrators. The important question for determination however, relates to Fields’ claim that there was never any agreement to arbitrate. This point was raised for the first time in a reply affidavit used on the motion.

After negotiations, extending over a long period, Fields and respondent (American) reached an agreement for the purchase by Fields of a heating and cooling system for use in its plant. As a result of…