Opinion
November 27, 1951.
Present — Peck, P.J., Glennon, Callahan, Van Voorhis and Shientag, JJ.
There is no dispute as to the delivery of the arbitration award to plaintiff. This bars an attack thereon after three months ( Chandler v. Kopf, 279 App. Div. 636). The fact that there was no confirmation of the award by any order of the court would not alter the result, especially where, as here, the parties adopted it by executing a lease upon the terms called for by the award. Accordingly, the first cause of action was properly dismissed at Special Term. The arbitration award not being subject to attack, the remaining causes of action must also fall. Orders, so far as appealed from, unanimously reversed, with one bill of $20 costs and disbursements to appellants, and the motions to dismiss the complaint granted, and judgment is directed to be entered herein dismissing the complaint, with costs.