In re the Arbitration between Grainger & Shea Enterprises, Inc.

The order of December 16, 1954, is modified by striking therefrom the decretal paragraph appointing the third arbitrator. While the opinion of Special Term provided for such appointment if the parties or arbitrators were unable to agree on the third arbitrator, it does not appear that either party took any action to implement this provision prior to the signing of the order. The order to be entered herein shall provide that within fifteen days after service upon appellants of a copy of such order, the appellants shall notify respondent, in writing, of the name and address of the arbitrator…