In re the Arbitration between Owen-Davis Stores, Inc. & Wallenstein

This is a motion to vacate an order confirming the award of an arbitration. The order was made on January *1817,1947, and a copy thereof was served on the tenants on January 16,1947. The present application was initiated on February 1, 1949. The award is sought to be vacated upon the ground that the arbitration between the parties was a fabrication to circumvent the Emergency Bent Control Law.

Under section 1463 of the Civil Practice Act, the limit of time within which one may move to vacate, modify or correct an award is three months. If an aggrieved party fails to take steps within that period of…