In re the Arbitration between Brenda Modes, Inc. & Arcola Fabrics Corp.

Appellate Division of the Supreme Court of New York

In re the Arbitration between Brenda Modes, Inc. & Arcola Fabrics Corp.

273 A.D. 891, 78 N.Y.S.2d 46, 1948 N.Y. App. Div. LEXIS 5158

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 29, 1948

StatusPublished

Cited by1 cases

This text of 273 A.D. 891 (In re the Arbitration between Brenda Modes, Inc. & Arcola Fabrics Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In re the Arbitration between Brenda Modes, Inc. & Arcola Fabrics Corp., 273 A.D. 891, 78 N.Y.S.2d 46, 1948 N.Y. App. Div. LEXIS 5158 (N.Y. Ct. App. 1948).

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Opinion

—An arbitration award, determining that appellant completed deliveries of merchandise under contracts of purchase and sale, has been vacated. Appellant took the position before the arbitrators that, to the extent that it did not forward the full quantity specified, the nondelivery thereof was expressly waived or acceptance refused after tender. These were questions that were properly within the submission for the arbitrators to decide. The objections to the award are based rather upon the theory that it was contrary to the evidence before the arbitrators, a question on which the court cannot pass, than on the ground "that a mutual, final and definite award upon the subject-matter submitted was not made.” (Civ. Prac. Act, § 1462, subd. 4.) The order appealed from vacating the award and the order denying appellant’s cross motion to confirm the award are unanimously reversed, with $20 costs and disbursements to the appellant, and the award confirmed. Settle order on notice. Present — Peck, P. J,, Dore, Callahan, Van Voorhis and Shientag, JJ.

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—An arbitration award, determining that appellant completed deliveries of merchandise under contracts of purchase and sale, has been vacated. Appellant took the position before the arbitrators that, to the extent that it did not forward the full quantity specified, the nondelivery thereof was expressly waived or acceptance refused after tender. These were questions that were properly within the submission for the arbitrators to decide. The objections to the award are based rather upon the theory that it was contrary to the evidence before the arbitrators, a question on which the court cannot pass, than on the ground "that a mutual, final and definite award upon the subject-matter submitted was not made.” (Civ. Prac. Act, § 1462, subd. 4.) The order appealed from vacating the award and the order denying appellant’s cross motion to confirm the award are unanimously reversed, with $20 costs and disbursements to the appellant, and the award confirmed. Settle order on notice. Present — Peck, P. J,, Dore, Callahan, Van Voorhis and Shientag, JJ.

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273 A.D. 891, 78 N.Y.S.2d 46, 1948 N.Y. App. Div. LEXIS 5158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-brenda-modes-inc-arcola-fabrics-corp-nyappdiv-1948.

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