Legal Opinion
In re the Arbitration between Brill & Muller Bros.
New York Court of Appeals
Decided July 10, 1963PublishedCited by 5 opinions
1Opinion of the Court
Order affirmed, without costs, in the following memorandum: The action of an arbitrator in receiving upon the arbitral hearing evidence which would not be admissible in the trial of an action in court does not constitute ‘1 corruption, fraud or undue *778means” or “ misbehavior ” within the sense and meaning of subdivisions 1 and 3 of section 1462 of the Civil Practice Act.
Concur: Chief Judge Desmond and Judges Dye, Fuld and Scileppi. Judge Van Voobhis dissents in the following opinion in which Judges Bubke and Foster concur:
2Cited by5 opinions
- In re the Arbitration between Pierre & General Accident InsuranceAppellate Division of the Supreme Court of the State of New York · 1984
- Civil Service Employees Ass'n v. StateAppellate Division of the Supreme Court of the State of New York · 1981
- In re the Arbitration between Civil Service Employees Ass'n & KolbAppellate Division of the Supreme Court of the State of New York · 1979
- Caso v. CoffeyNew York Court of Appeals · 1976
- Prasad v. SpodekAppellate Terms of the Supreme Court of New York · 2019