Dinerstein v. Shapiro

Order unanimously reversed upon the law, with costs, and judgment directed for plaintiff for the amount sued for, with appropriate costs in the court below.

There was no error in receiving the evidence that was eventually stricken out. Proof of the award, itself, could have been given. (Wood v. Tunnicliff, 74 N. Y. 38, at p. 46; Keen v. Batshore, 1 Esp. 194; 170 Eng. Rep., Full Reprint, 325; Nisi Prius, book 1; Slack v. Buchannan, Peake, 6; 170 Eng. Rep. 59; Kingston v. Phelps, Peake, 299; 170 Eng. Rep. 163; 5 C. J. p. 168, § 412.) The parties had agreed to arbitrate. This required no writing.…