95 A.D.2d 740 | N.Y. App. Div. | 1983
— Judgment of the Supreme Court, New York County (Clifford Scott, J.), entered on January 24, 1983, which denied petitioner’s motion to confirm the arbitration award and granted respondent’s cross motion to vacate the award, is unanimously reversed, on the law, with costs and disbursements, the motion to confirm granted and the cross motion to vacate denied.. Petitioner-appellant Langston Enterprises, Inc., and respondent Diamond Rug & Carpet Mills, Inc., entered into three separate contracts for delivery of jute carpet backing by petitioner, the seller, to respondent, the buyer. Except for the amount, delivery date, type and price of the jute, the terms of the agreements were identical and included a broad arbitration clause. On June 21, 1982, Langston served the respondent with a demand for arbitration, seeking damages for the alleged refusal of Diamond to take most of the contracted goods (563 out of 650 rolls of carpet backing). However, respondent did subsequently accept a substantial number of the disputed items, leaving only 208 rolls undelivered. On September 7,1982, the parties were notified of the appointment of arbitrators, as well as the fact that a hearing had been scheduled for October 6, 1982. Two days prior to the hearing, petitioner submitted an “Amendment of Statement Contained in Notice of Intention to Arbitrate” to respondent and the arbitration committee. The charges were based upon Diamond’s acceptance and nonpayment of the additional rolls, and the amount of the damages alleged was increased from $83,332.08 to $400,391.03, plus interest and storage charges. Respondent’s counsel received the letter of amendment on October 5,