Opinion
Reargued October 24, 1945
Decided January 18, 1946
Appeal from the Supreme Court, Appellate Division, First Department, BENVENGA, J.
Louis O. Bergh and Harry D. Tyler for appellant.
William Dike Reed and Richards W. Hannah for respondent.
Judgment affirmed, with costs. Fudickar v. Guardian Mutual Life Ins. Co. ( 62 N.Y. 392) is not applicable, since the record does not show that the arbitrators meant to decide according to the law of the State or that they meant to be bound by any statute or decision. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, DESMOND, THACHER and MEDALIE, JJ. Dissenting: CONWAY and DYE, JJ.