Opinion
Argued December 3, 1969
Decided February 19, 1970
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ARTHUR MARKEWICH, J.
Jesse Climenko, David Stein, Martin I. Shelton and Joseph A. Bondi for appellants.
Robert L. Ellis and Herman L. Weisman, pro se, for respondents.
Order affirmed, with costs, in the following memorandum: In view of a contention urged upon us by appellants, we think it appropriate to note that, contrary to statements contained in Fudickar v. Guardian Mut. Life Ins. Co. ( 62 N.Y. 392) — upon which reliance is placed — an award will not be set aside even "[i]f it appear [therefrom] * * * that the arbitrators intended to decide the case according to the law, and the grounds for their decision are set out, which in law do not justify it". (p. 401).
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.