Summary
In Matter of Horowitz v. Kaplan (248 N.Y. 547) an award was set aside on the ground that the arbitrators independently caused an examination to be made of the merchandise involved, which constituted a misconduct requiring the annulment of the award.
Summary of this case from Matter of Dukraft Co.Opinion
Submitted April 10, 1928
Decided May 1, 1928
Appeal from the Supreme Court, Appellate Division, First Department.
Jonah J. Goldstein and Thomas G. Frost for appellants.
Moses Jaffe for respondents.
Order of the Appellate Division reversed and that of the Special Term affirmed, with costs in this court and in the Appellate Division, on the authority of Flannery v. Sahagian ( 134 N.Y. 85) and Hinkle v. Zimmerman ( 184 N.Y. 114).
Concur: CARDOZO, Ch. J., POUND, CRANE, ANDREWS, LEHMAN, KELLOGG and O'BRIEN, JJ.