New York Court of Appeals

In the Matter of the Arbitration Between Level Export Corporation, Respondent, and Wolz, Aiken & Co., Appellant

February 26, 1953305 N.Y. 82

Summary

The Court held that the arbitration clause incorporated by reference in the purchase contracts was enforceable, rejecting the buyer's claim of ignorance and reversing the lower court's stay of arbitration, with the case remanded for further proceedings. Justice Desmond dissented, arguing that consent to arbitrate must be clear and affirmative.