In re the Arbitration between Morrow & General Accident Fire & Life Assurance Corp.

Appellate Division of the Supreme Court of New York

In re the Arbitration between Morrow & General Accident Fire & Life Assurance Corp.

20 A.D.2d 741, 246 N.Y.S.2d 845, 1964 N.Y. App. Div. LEXIS 4391

Appellate Division of the Supreme Court of the State of New York·Decided February 20, 1964·Published·Cited by 1 cases

Opinion

The facts and the legal issues arising upon them are well outlined and defined in the comprehensive opinion of Mr. Justice Main at Special Term. It is clear that the arbitrators’ powers were “so imperfectly executed * * * that a * * * definite award upon the subject-matter submitted was not made”. (Civ. Prac. Act, § 1462, subd. 4.) In consequence, the vacatur and resubmission were proper, as was the confirmation of the amended award. (Matter of Zephyr Gonstr. Go. [Boro Hall Corp.], 7 A D 2d 915 and cases cited p. 916, second appeal 10 A D 2d 867; 21 Carmody-Wait, New York Practice, §§ 170, 172, pp. 575, 576.) Orders affirmed, with $20 costs. Gibson, P. J., Reynolds, Taylor and Aulisi, JJ., concur.

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The facts and the legal issues arising upon them are well outlined and defined in the comprehensive opinion of Mr. Justice Main at Special Term. It is clear that the arbitrators’ powers were “so imperfectly executed * * * that a * * * definite award upon the subject-matter submitted was not made”. (Civ. Prac. Act, § 1462, subd. 4.) In consequence, the vacatur and resubmission were proper, as was the confirmation of the amended award. (Matter of Zephyr Gonstr. Go. [Boro Hall Corp.], 7 A D 2d 915 and cases cited p. 916, second appeal 10 A D 2d 867; 21 Carmody-Wait, New York Practice, §§ 170, 172, pp. 575, 576.) Orders affirmed, with $20 costs. Gibson, P. J., Reynolds, Taylor and Aulisi, JJ., concur.

In re the Arbitration between Morrow & General Accident Fire & Life Assurance Corp., 20 A.D.2d 741, 246 N.Y.S.2d 845, 1964 N.Y. App. Div. LEXIS 4391 (N.Y. Ct. App. 1964).

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20 A.D.2d 741 (In re the Arbitration between Morrow & General Accident Fire & Life Assurance Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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