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.