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 buyer was bound by the arbitration clause incorporated by reference in the purchase agreements, finding no substantial issue to stay arbitration; therefore the lower court's orders were reversed and the matter remitted to Special Term. Justice Desmond dissented, arguing that no actual agreement to arbitrate existed.