Ernest J. Michel & Co., Inc. v. Anabasis Trade, Inc.
Cases that cite this one
20 later published cases cite this decision.
- St. Charles Cable TV, Inc. v. Eagle Comtronics, Inc. (District Court, S.D. New York 1988)
- Glencore Ltd. v. Degussa Engineered Carbons L.P. (District Court, S.D. New York 2012)
- Astor Chocolate Corp. v. Mikroverk Ltd. (District Court, E.D. New York 1989)
- Graniteville Co. v. Star Knits of California, Inc. (District Court, S.D. New York 1988)
- Wyandotte Industries v. E.Y. Neill & Co. (In re First Hartford Corp.) (United States Bankruptcy Court, S.D. New York 1986)
- Coastal Industries, Inc., a Corporation, Cross-Appellee v. Automatic Steam Products Corp., Cross-Appellant (5th Cir. 1981)
- ISPO, Inc. v. Clark-Schwebel Fiber Glass Corp. (Appellate Division of the Supreme Court of New York 1988)
- In re the Arbitration between Lory Fabrics, Inc. & Dress Rehearsal, Inc. (Appellate Division of the Supreme Court of New York 1980)
- Highland HC, LLC v. Scott (Appellate Division of the Supreme Court of New York 2014)
- Highland HC, LLC v. Scott (Appellate Division of the Supreme Court of New York 2014)
- Mandell v. Mandell (New York Supreme Court 2012)
- Hornell Brewing Co. v. Spry (New York Supreme Court 1997)
- Kay-Bee Toys Corp. v. Winston Sports Corp. (Appellate Division of the Supreme Court of New York 1995)
- In re the Arbitration between Anesthesia & Zegelstein (Appellate Division of the Supreme Court of New York 1993)
- Drake Fabrics, Inc. v. L'Eguna Textiles, Inc. (Appellate Division of the Supreme Court of New York 1992)
- In re the Arbitration between Itoman (U.S.A.), Inc. & Daewoo Corp. (N.Y. 1986)
- In re the Arbitration between Boutique Industries, Inc. & Fair-Tex Mills, Inc. (Appellate Division of the Supreme Court of New York 1982)
- O'Brien v. Bache Halsey Stuart Shields, Inc. (Appellate Division of the Supreme Court of New York 1981)
- Gold Mills, Inc. v. Pleasure Sports, Inc. (Appellate Division of the Supreme Court of New York 1981)
- Marcus Bros. Textiles, Inc. v. Avondale Mills, Inc. (Appellate Division of the Supreme Court of New York 1980)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
*952 We agree with the Appellate Division that appellant buyer, by its affirmative actions, agreed to submit all disputes arising out of the contracts in issue to arbitration. An agreement to arbitrate was manifested by appellant by signing the first confirmation of order form with admitted knowledge that an arbitration clause was contained therein and, thereafter, by receiving and retaining six additional confirmations of orders on the same contract form without objection except for a request for one change as to credit terms, which change was made by the respondent seller. (See Uniform Commercial Code, § 2-204, subd [1]; Schubtex, Inc. v Allen Snyder, Inc., 49 NY2d 1.)
Matter of Marlene Inds. Corp. (Carnac Textiles) (45 NY2d 327) is clearly distinguishable. There, contradictory contract forms were exchanged between the parties; neither party had signed the other’s form and no evidence existed that the recipient of the contract containing the arbitration clause was aware of its presence or had agreed to arbitrate.
Chief Judge Cooke and Judges Jasen, Jones,. Wachtler, Fuchsberg and Meyer concur in memorandum; Judge Gabrielli concurs on constraint of Schubtex, Inc. v Allen Snyder, Inc. (49 NY2d 1).
Order affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.