In re the Arbitration between Capitol Spouts, Inc. & Capitol Vial, Inc.

Mikoll, J. P.

Appeal from an order of the Supreme Court (Harris, J.), entered July 21, 1995 in Albany County, which, inter alia, granted petitioner’s application pursuant to CPLR 7511 to modify an arbitration award.

Petitioner manufactures and sells plastic pouring spouts. Respondent manufactures and sells plastic vials. In 1991 Robert S. Abrams, president and chief executive officer of respondent, established petitioner as an independent subsidiary of respondent. Pursuant to a written manufacturing and services agreement (hereinafter the MSA), respondent contracted with petitioner to…