In re the Arbitration between Famous Realty, Inc. & William Savage, Inc.

Appellate Division of the Supreme Court of New York

In re the Arbitration between Famous Realty, Inc. & William Savage, Inc.

283 A.D. 957, 130 N.Y.S.2d 281, 1954 N.Y. App. Div. LEXIS 5913

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

DecidedMay 10, 1954

StatusPublished

This text of 283 A.D. 957 (In re the Arbitration between Famous Realty, Inc. & William Savage, Inc.) 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.

Bluebook

In re the Arbitration between Famous Realty, Inc. & William Savage, Inc., 283 A.D. 957, 130 N.Y.S.2d 281, 1954 N.Y. App. Div. LEXIS 5913 (N.Y. Ct. App. 1954).

Pincite

Opinion

Appeal from an order and judgment (one paper) which granted respondent’s cross motion to confirm an award of arbitrators, denied appellant’s motion to vacate the award, and directed appellant to pay the amount awarded. Order and judgment (one paper) unanimously affirmed, with costs. Prior to the time that appellant submitted its reply brief to the arbitration tribunal, which was on or before September 15, 1953, it was apprised of the fact that one of the arbitrators had died. The death took place after all the proofs of the parties had been presented to the arbitrators. Appellant was also notified by a clerk on behalf of the said tribunal on or about September 19, 1953, that the two surviving arbitrators would render the award. Thereafter, the award was rendered by them on or about November 12, 1953, without appellant in the meantime having ques[958]*958tioned the authority of the surviving arbitrators to render a valid award. Under the circumstances, appellant must be deemed to have waived its right to contest the validity of the award on the ground that one of the arbitrators had died. Present • — • Nolan, P. J., Adel, Wenzel, Mac Crate and Murphy, JJ. [See post, p. 1058.]

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Appeal from an order and judgment (one paper) which granted respondent’s cross motion to confirm an award of arbitrators, denied appellant’s motion to vacate the award, and directed appellant to pay the amount awarded. Order and judgment (one paper) unanimously affirmed, with costs. Prior to the time that appellant submitted its reply brief to the arbitration tribunal, which was on or before September 15, 1953, it was apprised of the fact that one of the arbitrators had died. The death took place after all the proofs of the parties had been presented to the arbitrators. Appellant was also notified by a clerk on behalf of the said tribunal on or about September 19, 1953, that the two surviving arbitrators would render the award. Thereafter, the award was rendered by them on or about November 12, 1953, without appellant in the meantime having ques[958]*958tioned the authority of the surviving arbitrators to render a valid award. Under the circumstances, appellant must be deemed to have waived its right to contest the validity of the award on the ground that one of the arbitrators had died. Present • — • Nolan, P. J., Adel, Wenzel, Mac Crate and Murphy, JJ. [See post, p. 1058.]

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Bluebook (online)

283 A.D. 957, 130 N.Y.S.2d 281, 1954 N.Y. App. Div. LEXIS 5913, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-famous-realty-inc-william-savage-inc-nyappdiv-1954.