Legal Opinion

In re the Arbitration between Avondale Mills & Majestic Carpet Mills, Inc., Div. of Celotex Corp.

New York Supreme Court

Decided February 25, 1977Published

1Opinion of the CourtArnold L. Fein, J.

This is an application for a judgment staying arbitration pursuant to agreements between respondent as buyer and petitioner as seller of textile goods. Petitioner contends that arbitration is barred by the clear limitation provision contained in each contract. Respondent claims that the contractual provision could not have been intended to apply to claims which accrued some time after delivery of the goods and that, in any event, determination as to whether arbitration is barred because not demanded within the period of time as set forth in the agreement is a matter for the arbitrator, not…

2Cases cited16 opinions

  1. Nationwide General Insurance v. Investors Insurance Co. of AmericaNew York Court of Appeals · 1975
  2. Matter of Lipman (Haeuser Shellac Co.)New York Court of Appeals · 1942
  3. In re the Arbitration between Paver & Wildfoerster & Catholic High School Ass'nNew York Court of Appeals · 1976
  4. In re Arbitration between Exercycle Corp. & MarattaNew York Court of Appeals · 1961
  5. In re the Arbitration between Raisler Corp. & New York City Housing AuthorityNew York Court of Appeals · 1973

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