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In re the Arbitration between Brill & Muller Bros.

192 N.E.2d 34, 13 N.Y.2d 776, 242 N.Y.S.2d 69, 1963 N.Y. LEXIS 1043
New York Court of Appeals·Decided July 10, 1963·Published·Cited by 5 cases

Opinions

Order affirmed, without costs, in the following memorandum: The action of an arbitrator in receiving upon the arbitral hearing evidence which would not be admissible in the trial of an action in court does not constitute ‘1 corruption, fraud or undue [778] means” or “ misbehavior ” within the sense and meaning of subdivisions 1 and 3 of section 1462 of the Civil Practice Act.

Concur: Chief Judge Desmond and Judges Dye, Fuld and Scileppi. Judge Van Voobhis dissents in the following opinion in which Judges Bubke and Foster concur:

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In re the Arbitration between Brill & Muller Bros., 192 N.E.2d 34, 13 N.Y.2d 776, 242 N.Y.S.2d 69, 1963 N.Y. LEXIS 1043 (N.Y. 1963).

192 N.E.2d 34 (In re the Arbitration between Brill & Muller Bros.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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