Opinion
July 6, 1967
Order and judgment unanimously modified, on the law and on the facts, without costs or disbursements to delete that portion of the order and judgment appealed from, designated as Paragraph 2, thereof. Special Term was correct in confirming the award of the arbitrators. However, the order of Special Term should not have included Paragraph 2, which confirmed the award without prejudice to a declaration of the rights of the parties involved in the action entitled Glaser v. Leon, ( 28 A.D.2d 834) or in the action entitled Leon v. Glaser ( 28 A.D.2d 833.)
Concur — Stevens, J.P., Eager, Tilzer, Rabin and McGivern, JJ.