In re the Arbitration between Darlington Fabrics Corp. & Aqua Free Corp.
New York Supreme Court
1Opinion of the CourtArnold L. Fein, J.
This motion by petitioner, Darlington Fabrics Corporation (Darlington), to stay arbitration is denied. Aqua Free Products, Inc., a New York corporation, was a manufacturer of patented swimsuits for wear in competition swimming, which required fabric that would withstand the chemicals used in swimming pools. Darlington manufactured such special fabrics. Upon receipt of orders for the fabrics, Darlington issued confirmations, containing an arbitration clause, to Aqua Free Corp. and shipped and billed the goods in the same manner. Aqua Free Corp., in August, 1972, served a notice of intention to…
2Cases cited2 opinions
- In re the Arbitration between Roscoe & SimonNew York Supreme Court · 1958
- Lenny Bruce Enterprises, Inc. v. Fantasy Records, Inc.New York Supreme Court · 1963