In re the Arbitration between French Textiles Co. & Senor

Appellate Division of the Supreme Court of New York

In re the Arbitration between French Textiles Co. & Senor

7 A.D.2d 896, 182 N.Y.S.2d 282, 1959 N.Y. App. Div. LEXIS 10079

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

DecidedFebruary 3, 1959

StatusPublished

This text of 7 A.D.2d 896 (In re the Arbitration between French Textiles Co. & Senor) 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 French Textiles Co. & Senor, 7 A.D.2d 896, 182 N.Y.S.2d 282, 1959 N.Y. App. Div. LEXIS 10079 (N.Y. Ct. App. 1959).

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Opinion

Order confirming the award of the arbitrators unanimously modified to conform to the award of the arbitrators, on the law, and otherwise affirmed, without costs. 'Special Term departed from the terms of the award and took cognizance of facts which had allegedly occurred between the first and second awards. Thus, it failed to include in the order confirming the award, any provision for the return of the goods in question by French Textiles Company to Señor, and provided merely for the return of the goods by Señor to Brawer. On a motion to confirm an arbitration award, Special Term may vacate or modify the award only on the grounds specified in the Civil Practice Act. (Civ. Prac. Act, §§ 1461, 1462, 1462-a; Matter of Congregation Talmud Torah of Flatbush [Feinstein], 283 App. Div. 892.) The matter was remitted to the arbitrators solely for the limited purpose of clarifying the original award, this court directing a vacatur of the award to facilitate that object (3 A D 2d 660). All issues of performance of the award, if they be properly raised, should be left to a supplemental arbitration pursuant to rule 19 of the Arbitration Rules of the National Federation of Textiles, Inc. (Matter of Arcola Fabrics Corp. [Alco Blouse Co.], 274 App. Div. 431). Settle order on notice. Concur — Breitel, J. P., Rabin, M. M. Frank, McNally and Bergan, JJ.

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Order confirming the award of the arbitrators unanimously modified to conform to the award of the arbitrators, on the law, and otherwise affirmed, without costs. 'Special Term departed from the terms of the award and took cognizance of facts which had allegedly occurred between the first and second awards. Thus, it failed to include in the order confirming the award, any provision for the return of the goods in question by French Textiles Company to Señor, and provided merely for the return of the goods by Señor to Brawer. On a motion to confirm an arbitration award, Special Term may vacate or modify the award only on the grounds specified in the Civil Practice Act. (Civ. Prac. Act, §§ 1461, 1462, 1462-a; Matter of Congregation Talmud Torah of Flatbush [Feinstein], 283 App. Div. 892.) The matter was remitted to the arbitrators solely for the limited purpose of clarifying the original award, this court directing a vacatur of the award to facilitate that object (3 A D 2d 660). All issues of performance of the award, if they be properly raised, should be left to a supplemental arbitration pursuant to rule 19 of the Arbitration Rules of the National Federation of Textiles, Inc. (Matter of Arcola Fabrics Corp. [Alco Blouse Co.], 274 App. Div. 431). Settle order on notice. Concur — Breitel, J. P., Rabin, M. M. Frank, McNally and Bergan, JJ.

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7 A.D.2d 896, 182 N.Y.S.2d 282, 1959 N.Y. App. Div. LEXIS 10079, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-french-textiles-co-senor-nyappdiv-1959.

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