Rubman v. Lewin

The question raised in this nonpayment proceeding involves the validity of an award in a submission and arbitration between the parties.

The proceeding was submitted to this court upon a stipulation that the testimony taken before another justice be deemed the record here. If the stipulation does not actually so state, the intention by both counsel was to the effect that there is no dispute as to the facts. A reading of the record discloses, however, disputed facts, one of which concerns the delivery of the arbitrator’s award, together with a transcript of the testimony.

To avoid ambiguity and…