Opinion
July 6, 1961
Order entered on March 2, 1961, confirming the arbitration award and denying the motion to vacate said award and the judgment entered thereon, unanimously reversed, on the law, with costs to respondent-appellant, the motion to confirm the award denied and the cross motion to vacate the award granted, and the matter remitted for further proceedings to a new arbitrator to be chosen as provided in the agreement of the parties dated October 2, 1959 and in accordance with section 1462 of the Civil Practice Act. The award is invalid as to Mayar Silk Mills, Inc., not a party to the contract or the arbitration proceeding. ( Matter of Brescia Constr. Co. v. Walart Constr. Co., 264 N.Y. 260.) Moreover, the award is not mutual, final and definite (Civ. Prac. Act, § 1462, subd. 4) in that it fails to state the amount of damages or the basis for computation thereof. ( Meyer v. Merritt, 7 A.D.2d 917; Matter of Albert J. Pfeiffer, Inc. [ Largman, Gray Co.], 222 App. Div. 62.)
Concur — Botein, P.J., Rabin, McNally, Eager and Bastow, JJ.