In re the Arbitration between Frajer & Chernofsky

Appellate Division of the Supreme Court of New York

In re the Arbitration between Frajer & Chernofsky

278 A.D. 798

Appellate Division of the Supreme Court of the State of New York·Decided May 8, 1951·Published·Cited by 1 cases

Opinions

Per Curiam.

The fifth arbitrator was not sworn, nor is there adequate proof that notice was given to appellant of the hearing after selection of the fifth arbitrator, who actually decided the ease. Order granting motion to confirm the award and the judgment entered thereon should be reversed, with costs to appellant and the motion denied and appellant’s cross motion to vacate the award granted, and the matter resubmitted to the same arbitrators.

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Per Curiam.

The fifth arbitrator was not sworn, nor is there adequate proof that notice was given to appellant of the hearing after selection of the fifth arbitrator, who actually decided the ease. Order granting motion to confirm the award and the judgment entered thereon should be reversed, with costs to appellant and the motion denied and appellant’s cross motion to vacate the award granted, and the matter resubmitted to the same arbitrators.

In re the Arbitration between Frajer & Chernofsky, 278 A.D. 798 (N.Y. Ct. App. 1951).

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