In re Smith

Order confirming an award in arbitration and judgment entered thereon unanimously affirmed, with costs. (1) The denial of the motion to strike out the answer and for summary judgment in the action brought by the architects to enforce the award did not preclude the architects from asserting that they had a valid award upon which they were entitled to relief. That determination may be construed to mean that on that motion for summary judgment the court concluded that there was an issue of fact upon which the defendant in that action was entitled to a trial. Therefore, the motion to strike out…