Legal Opinion

In re the Arbitration between Aimcee Wholesale Corp. & Tomar Products, Inc.

New York Court of Appeals

Decided April 18, 1968PublishedCited by 94 opinions

1Opinion of the CourtKeating, J.

In February of 1964, appellant, Aimcee Wholesale Corporation, bought some $100,000 in merchandise from respondent, Tomar Products, Inc. The contract, a form purchase order, contained a broad arbitration clause to the effect that ‘ ‘ Any controversy or claim arising out of or relating to this *624contract or the breach thereof ” would be submitted to arbitration.

In August of 1965, Aimcee sought arbitration of a claim for $26,870.61 based upon allegations that the merchandise shipped was defective and that certain advertising allowances had not been paid. At about that time, Aimcee had been sued by…

2Cases cited7 opinions

  1. Northern Pacific Railway Co. v. United StatesSupreme Court of the United States · 1958
  2. Wilko v. SwanSupreme Court of the United States · 1953
  3. In the Matter or Lowell S. Fallick, Bankrupt-Appellant v. Harry KehrCourt of Appeals for the Second Circuit · 1966
  4. Wilko v. SwanCourt of Appeals for the Second Circuit · 1953
  5. Manhattan Storage & Warehouse Co. v. Movers & Warehousemen's Ass'n of Greater New York, Inc.New York Court of Appeals · 1942

2 more not listed; retrieve them via the Exa API.

3Cited by94 opinions

  1. In re the Arbitration between Sprinzen & NombergNew York Court of Appeals · 1979
  2. Dale S. COENEN, Plaintiff-Appellant, v. R. W. PRESSPRICH & CO., Inc., Defendant-Appellee, and Stirling Homex Corporation, DefendantCourt of Appeals for the Second Circuit · 1972
  3. New York State Correctional Officers & Police Benevolent Ass'n v. StateNew York Court of Appeals · 1999
  4. Walter J. Cobb, on Behalf of Themselves and All Others Similarly Situated v. Jerry LewisCourt of Appeals for the Fifth Circuit · 1974
  5. Keating v. Superior CourtCalifornia Supreme Court · 1982

89 more not listed; retrieve them via the Exa API.

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