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Matter of N.Y. Pepsi-Cola v. Pepsi-Cola

Appellate Division of the Supreme Court of New York, Second Department
May 22, 1989
150 A.D.2d 695 (N.Y. App. Div. 1989)

Opinion

May 22, 1989

Appeal from the Supreme Court, Queens County (Zelman, J.).


Ordered that the order is affirmed, with costs.

The agreement signed by the petitioner and the respondent on February 6, 1987, read together with paragraph 22 of the two distributor agreements to which it refers, clearly and unambiguously expresses the intention of the parties to resort to arbitration to resolve their dispute (Matter of Waldron [Goddess], 61 N.Y.2d 181). Moreover, under the broad arbitration clause which compels the parties to submit to arbitration "[a]ny and all disputes or disagreements between the Company and the Distributor concerning the interpretation or application of the provisions of this Agreement", there is a reasonable relationship between the subject matter of the dispute and the general subject matter of the underlying contract (Matter of Nationwide Gen. Ins. Co. v Investors Ins. Co., 37 N.Y.2d 91, 96). Bracken, J.P., Lawrence, Harwood and Balletta, JJ., concur.


Summaries of

Matter of N.Y. Pepsi-Cola v. Pepsi-Cola

Appellate Division of the Supreme Court of New York, Second Department
May 22, 1989
150 A.D.2d 695 (N.Y. App. Div. 1989)
Case details for

Matter of N.Y. Pepsi-Cola v. Pepsi-Cola

Case Details

Full title:In the Matter of NEW YORK PEPSI-COLA DISTRIBUTORS ASSOCIATION, INC.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 22, 1989

Citations

150 A.D.2d 695 (N.Y. App. Div. 1989)
541 N.Y.S.2d 569

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