Island Cash Register, Inc. v. Data Terminal Systems., Inc.

OPINION OF THE COURT

Sullivan, J. P.

This appeal presents the issue of whether a for-cause termination of a dealership agreement can be litigated in the judicial forum in the face of contractual provisions providing *119that arbitration shall be the exclusive remedy in the event the dealer contests the termination and requiring that a demand for such arbitration be made within 60 days after receipt of the notice of termination. It is undisputed that no such demand was ever made in the time specified.

The parties’ dealership agreement, under which plaintiff was to sell, install and service cash…