Electric Steel Elevator Co. v. John Kam Malting Co.
Appellate Division of the Supreme Court of the State of New York
.Appeal by the defendant, the John .Kam Malting Company, from so much of an order óf the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the" county of Erie on the 1st day of December, 1905, as denies the request of the defendant to vacate and' set aside an áward made by arbitrators.
1Opinion of the Court
Nash, J.:
This is an appeal by the -defendant from an ■ order of the Erie Special' Term denying defendant’s application to .vacate an award made by arbitrators in favor of thé plaintiff.
*687The plaintiff moved for an order confirming the award and for judgment thereon, pursuant to the provisions of the Code of Civil Procedure, and upon the argument of the motion the defendant requested the court to vacate the award.
The motion to confirm was denied, as was also the application to vacate the award. It was further ordered that the motion to confirm be denied without prejudice of any rights the…
2Cited by4 opinions
- In re the Arbitration between Hellman & WolbromAppellate Division of the Supreme Court of the State of New York · 1969
- Heifetz v. TugendrajchDistrict Court, E.D. New York · 1982
- Smadbeck v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 1908
- In re the Arbitration Between Kingswood Management Corp. & SalzmanAppellate Division of the Supreme Court of the State of New York · 1947