Legal Opinion

Alex Colman Inc. v. Silverman Products & Textiles, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided February 21, 1995PublishedCited by 3 opinions

1Opinion of the Court

—Order, Supreme Court, New York County (Martin Evans, J.), entered on or about June 21, 1994, which granted the motion pursuant to CPLR 7503 (b) by the petitioner for a stay of the arbitration instituted by the appellant against the petitioner before the American Arbitration Association, unanimously affirmed, without costs.

The IAS Court, in staying the parties’ arbitration, properly determined that the arbitration clause in the sales confirmation forms issued by the appellant in response to the purchase orders issued by the petitioner, which did not contain such an arbitration clause,…

2Cases cited3 opinions

  1. In re the Arbitration between Marlene Industries Corp. & Carnac Textiles, Inc.New York Court of Appeals · 1978
  2. In re the Arbitration between Matarasso & Continental Casualty Co.New York Court of Appeals · 1982
  3. In re the Arbitration between IMG Publishing & ViestiAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by3 opinions

  1. TNS Holdings, Inc. v. MKI Securities Corp.Appellate Division of the Supreme Court of the State of New York · 1997
  2. In re the Arbitration between Prudential Securities Inc. & PesceNew York Supreme Court · 1996
  3. Rochelle Fabrics Ltd. v. Top Kid's, Inc.Appellate Division of the Supreme Court of the State of New York · 1998

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