In re the Arbitration between Couture Fabrics, Ltd. & Phyllis Dee, Inc.

This is a motion to confirm an award of arbitrators. In opposition thereto the respondent brings to the attention of the court that, by mistake, its attorney in Florida advised it, the petitioner, and the arbitrators that pursuant to Florida law the agreement to arbitrate was unenforcible. They were advised of a Supreme Court case in that State decided in 1955. The said attorney had overlooked that an arbitration *400statute had been enacted in 1957. The respondent defaulted and an award was made in favor of the petitioner. On these facts, the respondent requests that the default be opened on…