In re the Arbitration between Penco Fabrics, Inc. & Louis Bogopulsky, Inc.

Order and judgment unanimously modified so as to provide that interest shall be added to the award only from December 11, 1954, and, as so modified, affirmed, without costs. The question whether interest was to be allowed on the award from the date when payment of the invoices was found to be due was for the arbitrators to determine. In absence of such an allowance by the arbitrators, the court, on respondent’s motion to confirm the award, was powerless to award interest from the date of breach. The mere fact that the award was silent on the question did not mean that the arbitrators did not…