Cohen Iron Works Co. v. Jaffe
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Louis Jaffe, from an order of the Supreme Court, made at the Kings Special Term and entered in the office of the clerk of the county of Kings on the 27th day of August, 1921, overruling a demurrer to the complaint and granting plaintiff’s motion for judgment on the pleadings. Order affirmed upon the opinion of Mr. Justice Cropsey at Special Term, with ten dollars costs and disbursements. Blackmar, P. J., Mills, Putnam, Kelly and Manning, JJ., concur.
1Opinion of the Court
The following is the opinion of the court below:
Cropsey, J.:
This is a demurrer to the complaint in an action upon an award made in a common-law arbitration. Because of the language of section 2369 of the Code of Civil Procedure all arbitrators, whether appointed pursuant to the provisions of the Code or otherwise, must take an oath of office. (Hinkle v. Zimmerman, 184 N. Y. 114; Matter of St. John’s Guild, 168 App. Div. 889.) But by the terms of the same section the oath may be waived by the written consent of the parties or their attorneys. It cannot be waived in any other manner. (Hinkle v.…
2Cases cited4 opinions
- Brownell v. . Town of GreenwichNew York Court of Appeals · 1889
- Hinkle v. . ZimmermanNew York Court of Appeals · 1906
- Youngs v. PerryAppellate Division of the Supreme Court of the State of New York · 1899
- Krauter v. Pacific Trading Corp. of America, Inc.Appellate Division of the Supreme Court of the State of New York · 1921