In re the Arbitration between Delaware County Dairies, Inc. & White

274 A.D. 826, 80 N.Y.S.2d 392, 1948 N.Y. App. Div. LEXIS 3550

Opinions

Memorandum by the Court. In 1944, the petitioner and respondent purchased, a small milk route serving Roxbury, Delaware County, the entire purchase price being $750. Subsequently respondent erected a milk plant on real property owned by him which he equipped as a creamery and used in conjunction with the milk route. An award has now been made upon an arbitration proceeding in favor of respondent for $20,625, which includes the plant and the land upon which it stands. The arbitrators also filed an alternative award for $2,814 excluding the plant.

The judgment and order should be reversed on the law and facts and the award vacated. The court adopts the finding of $2,814 as to value of the route.

Judgment and order modified on the law and facts by substituting $2,814 for $20,625.