Legal Opinion
In re the Arbitration between Baroque Fashions, Inc. & Scotney Mills, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided November 19, 1963PublishedCited by 4 opinions
1Opinion of the Court
Order, entered on April 26, 1963, denying petitioner’s application to stay arbitration, unanimously reversed, on the law and the motion is granted to the extent of ordering a hearing to determine whether there was an agreement to arbitrate, with costs to abide the event. The respondent may not be compelled to arbitrate unless it has clearly agreed to do so (Matter of Level Export Cory. [Wale, Aiken £■ Co.], 305 N. Y. *87482, 86; Matter of Lehman v. Ostrovsky, 264 N. Y. 130, 132). While an order form containing an arbitration clause need not be signed by the buyer to bind him to arbitration, it must…
2Cases cited3 opinions
- Matter of Lehman v. OstrovskyNew York Court of Appeals · 1934
- In Re the Arbitration Between Level Export Corp. & Wolz, Aiken & Co.New York Court of Appeals · 1953
- In re the Arbitration between Helen Whiting, Inc. & Trojan Textile Corp.New York Court of Appeals · 1954
3Cited by4 opinions
- Pervel Industries, Inc. v. T M Wallcovering, Inc.Court of Appeals for the Second Circuit · 1989
- In Re the Arbitration Between John Thallon & Co. & M & N Meat Co.District Court, E.D. New York · 1975
- Rudolph & Beer, L. L. P. v. RobertsAppellate Division of the Supreme Court of the State of New York · 1999
- Huntington International Corp. v. Armstrong World IndustriesDistrict Court, E.D. New York · 1997