In re the Arbitration between Albert Elia Building Co. & County of Niagara

Judgment and order reversed on the law and facts, with costs to the appellant and matter remitted to Special Term for further proceedings in accordance with the memorandum. Memorandum: In our opinion. Special Term in the exercise of a proper discretion should have conducted a hearing as to the issues raised by appellant’s cross motion to vacate the award on the ground that it had been prejudiced by the claimed misbehavior of the arbitrators. (Civ. Prac. Act. § 1462, subd. 3.) The present record presents a grave question as to the propriety of the actions of one or more of the arbitrators in…