Rembrandt Industries, Inc. v. Hodges International, Inc.

*504Memorandum. The Appellate Division was eminently correct in denying the motion to dismiss the complaint. On the demand for arbitration and the ensuing award, together with the intermediate correspondence, it is entirely unclear whether the arbitrators determined the merits of the plaintiff buyer’s claim for breach of warranty. True, by letter sent before the hearing, the arbitrators "unanimously ruled not to admit [buyer’s] counterclaim as a part of this arbitration proceeding”. Despite this "exclusion”, however, testimony supporting the counterclaim seems to have been offered at the…