In re the Arbitration between Doughboy Industries Inc. & Pantasote Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtBreitel, J.
This case involves a conflict between a buyer’s order form and a seller’s acknowledgment form, each memorializing a purchase and sale of goods. The issue arises on whether the parties agreed to arbitrate future disputes. The seller’s form had a general arbitration provision. The buyer’s form did not. The buyer’s form contained a provision that only a signed consent would bind the buyer to any terms thereafter transmitted in any commercial form of the seller. The seller’s form, however, provided that silence or a failure to object in writing would be an acceptance of the terms and conditions…
2Cases cited9 opinions
- Marchant v. Mead-Morrison Manufacturing Co.New York Court of Appeals · 1929
- In re the Arbitration between Riverdale Fabrics Corp. & Tillinghast-Stiles Co.New York Court of Appeals · 1954
- 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 General Silk Importing Co.Appellate Division of the Supreme Court of the State of New York · 1921
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3Cited by44 opinions
- BROWN BROS. v. Beam Constr.New York Court of Appeals · 1977
- In re the Arbitration between the County of Rockland & Primiano Construction Co.New York Court of Appeals · 1980
- Pyskaty v. Wide World of Cars, LLCCourt of Appeals for the Second Circuit · 2017
- In re the Arbitration between Marlene Industries Corp. & Carnac Textiles, Inc.New York Court of Appeals · 1978
- In re the Arbitration between Waldron & GoddessNew York Court of Appeals · 1984
39 more not listed; retrieve them via the Exa API.