In re the Arbitration between D.J. Sportswear, Inc. & Stelmar Trading Corp.

Order, Supreme Court, New York County (Carol E. Huff, J.), entered September 13, 1990, which, inter alia, granted a petition to stay arbitration pending a preliminary trial on the validity of the underlying contract, unanimously affirmed to the extent appealed from, with costs.

Petitioner filled out its purchase order on broker Stelmar’s predated contract of sale form, which contained a provision for arbitration. That form specifically subjected the contract to approval by seller Texunion, and bound the seller to its terms only upon issuance of its own contract of sale. Texunion neither…