Opinion
February 18, 1971
Order of the Supreme Court, New York County, entered on March 23, 1970, insofar as appealed from unanimously reversed on the law, and the application to stay arbitration is in all respects denied. Respondent-appellant shall recover of petitioner-respondent $30 costs and disbursements of this appeal. Petitioner-respondent, Modern Juniors, Inc. (Modern), manufactures women's apparel and respondent-appellant, Spinnerin Yarn Co., Inc. (Spinnerin), manufactures and dyes yarn. In a Spinnerin printed form contract, dated August 13, 1968, the parties agreed to the sale of 10,000 pounds of yarn by Spinnerin to Modern with an option to Modern to purchase an additional 10,000 pounds of yarn. This latter option was exercised and a new form dated September 11, 1968 was executed with a further similar option. The parties are in dispute as to whether or not the second option was exercised as Spinnerin contends, and whether a third agreement thus came into being. Both executed contracts, above referred to, contained arbitration clauses. We are concerned with the clause in the agreement of September 11, 1968, and whether the question of the option being exercised or not, falls within the arbitration provisions. Problems as to whether this further option was or should be exercised in writing, etc., are for the arbitration and need not be determined by the court, in order to decide, as we do, that the arbitration clause applies. Arbitration was ordered by the court below, only as to any dispute concerning any undelivered balance, which Modern is committed to take under the agreement of September 11, 1968 itself, and that determination is accepted by both sides.
Concur — Stevens, P.J., Capozzoli, McGivern, Kupferman and Tilzer, JJ.