Ashland Clothes, Inc. v. Cummings

In this action, an unsuccessful party in an arbitration proceeding seeks to recover damages against one who testified in that proceeding, and the latter party’s employer. The defendants move for summary judgment on two grounds, (1) that the aribtrator’s decision is not subject to collateral attack in this proceeding, and (2) that no damage was sustained by plaintiff as a result of the arbitration award for the award has not yet been paid, and plaintiff is now defunct and without assets.

Plaintiff contends that as the defendants herein were not parties to the arbitration, and as an appeal from…