Opinion
December 3, 1951.
In a proceeding on an award of arbitrators, order, granting respondents' motion to vacate and denying appellant's cross motion to confirm the award, reversed on the law and the facts, with $10 costs and disbursements, respondents' motion denied, without costs, and appellant's motion granted, without costs. The possible disqualification of one of the three arbitrators, on the ground of his interest in the outcome of the proceeding, was waived. The record does not establish other grounds for vacating the award. Carswell, Acting P.J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.