I.J.S. FABRICS, INC. v. DAN RIVER, INC., 56 N.Y.2d 755 (1982)

437 N.E.2d 260, 452 N.Y.S.2d 15

I.J.S. FABRICS, INC., Appellant, v. DAN RIVER, INC., Respondent.

Court of Appeals of the State of New York.Submitted April 1, 1982
Decided May 13, 1982

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ALFRED M. ASCIONE, J.

Page 756

Martin W. Fogel for appellant.

Donald L. Kreindler and Jeffrey S. Kaplan for respondent.

MEMORANDUM.

The order should be affirmed, with costs, for reasons stated in the memorandum at the Appellate Division (81 A.D.2d 525). We but add that, under the circumstances of this case, once the parties had agreed to the deletion of the warranty clause and the appellant on that basis had accepted respondent’s sales note, whether the respondent still retained and thereafter exercised its right to accept the sales note at its home office would be a question for the arbitrator(s) (cf. Matter of Prinze [Jonas], 38 N.Y.2d 570; Matter of Weinrott [Carp], 32 N.Y.2d 190).

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

Order affirmed, with costs, in a memorandum.