Comexport (U. S. A.) Inc. v. Fab-Rite Laminating Corp.

Judgment, Supreme Court, New York County, entered May 10, 1977, granting a permanent stay of arbitration is unanimously reversed so far as appealed from, on the law, and the matter is remanded to the Supreme Court for a hearing on the issue of whether there was a valid agreement of arbitration, with $40 costs and disbursements of this appeal to appellant. The fact pattern in this case is very close to that considered in Matter of Lensol Fabrics Co. (Arcola Fabrics Corp.) ( 46 AD2d 753 ), and as in the Lensol case, on this fact pattern, we think a hearing is required. Concur —Kupferman, J. P., Birns, Silverman and Lane, JJ.