Legal Opinion
J.J.'s Mae, Inc. v. H. Warshow & Sons, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided November 21, 2000PublishedCited by 6 opinions
1Opinion of the Court
—Order and judgment (one paper), Supreme Court, New York County (Louis York, J.), entered February 24, 2000, which granted petitioner’s CPLR article 75 application to stay arbitration and denied respondent’s cross motion to compel arbitration, unanimously affirmed, with costs.
Under Matter of Marlene Indus. Corp. (Cornac Textiles) (45 NY2d 327), inclusion of an arbitration clause in a confirmation invoice constitutes a material alteration of an existing contract between merchants within the meaning of UCC 2-207, absent explicit agreement by the recipient of the invoice. Although the Federal…
2Cases cited5 opinions
- In re the Arbitration between Marlene Industries Corp. & Carnac Textiles, Inc.New York Court of Appeals · 1978
- Smith Barney Shearson Inc. v. SacharowNew York Court of Appeals · 1997
- Chelsea Square Textiles, Inc., Kenneth Lazar, Lester Gribetz v. Bombay Dyeing and Manufacturing Company, Ltd.Court of Appeals for the Second Circuit · 1999
- Bayway Refining Company, Tosco Corporation, Counter v. Oxygenated Marketing and Trading A.G., CounterCourt of Appeals for the Second Circuit · 2000
- In re the Arbitration between Propulsora Ixtapa Sur, S.A. De C.V. & Omni Hotels Franchising Corp.Appellate Division of the Supreme Court of the State of New York · 1995
3Cited by6 opinions
- Aceros Prefabricados, S.A. v. Tradearbed, Inc.Court of Appeals for the Second Circuit · 2002
- Mitchell v. AMERICAN FAIR CREDIT ASS'NCalifornia Court of Appeal · 2002
- Continental Stock Transfer & Trust Co. v. Sher-Del Transfer & Relocation Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Hugo Boss Fashions, Inc. v. Sam's European Tailoring, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Worldwide Asset Purchasing, LLC v. KarafotiasCivil Court of the City of New York · 2005
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