Opinion
Argued October 19, 1949
Decided November 17, 1949
Appeal from the Supreme Court, Appellate Division, First Department, STEUER, J., COHALAN, J.
Aaron Frank, William R. Altman, John A. Pateracki, Jr., Max Seltzer and Paul Shaw for appellant.
Arthur J. Kramer and Abraham Levy for respondent.
Order of Appellate Division reversed and order of Special Term affirmed, with costs in this court and in the Appellate Division, upon the ground that the motion to vacate the award was not made in time. (See Civ. Prac. Act, § 1463.) We pass upon no other question. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and BROMLEY, JJ.