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Regal Extract Co. v. H. Schoenfeld & Sons, Inc.

50 A.D.2d 924 Court N.Y. App. Div. Decision date 1975-12-31 English

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p. 924
In the Matter of Regal Extract Company, Inc., Appellant, v H. Schoenfeld & Sons, Inc., et al., Respondents.

— In a proceeding to vacate an award made in arbitration against petitioner and in favor of respondent H. Schoenfeld & Sons, Inc., in which proceeding said respondent cross-moved to confirm the award and to direct that judgment be entered in its behalf, petitioner appeals from a judgment of the Supreme Court, Queens County, entered August 22, 1975, in favor of H. Schoenfeld & Sons, Inc., upon an order of the same court, dated August 7, 1975, which denied the application

p. 925
and granted the cross motion. Judgment affirmed, with costs to respondent H. Schoenfeld & Sons, Inc. The sales note sent by the broker A.A. Sayia & Company, Inc., which contained a provision for arbitration, was sufficient to make that provision binding on both parties to this appeal (see Matter of Gera Fabrics Div. Peter Fuller Enterprises [Liberty Fabrics of N. Y.] 14 Misc 2d 489 , affd 6 AD2d 1001 ). Hopkins, Acting P. J., Martuscello, Cohalan, Brennan and Munder, JJ., concur.

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