Opinion
December 3, 1970
Order of the Supreme Court, New York County, entered on July 17, 1970, unanimously reversed, on the law, and the motion for a stay of arbitration denied. Appellant shall recover of petitioner-respondent $30 costs and disbursements of this appeal. Though the contracts for the sale of goods were not signed by the purchaser, petitioner herein, it is undisputed that it gave instructions in regard to assortments under the contract numbers and accepted and paid for a substantial portion of the goods delivered pursuant to the contracts. This is sufficient, with the added circumstance that these contracts were in the same form as those previously used in a long period of dealings between the parties, to establish petitioner's acceptance. It follows that the arbitration clause in the contracts is effective ( Matter of Helen Whiting, Inc. [ Trojan Textile Corp.], 307 N.Y. 360; Matter of Baroque Fashions [ Scotney Mills], 19 A.D.2d 873).
Concur — Markewich, J.P., Nunez, Steuer and Bastow, JJ.