Opinion
May 14, 1943.
Present — Martin, P.J., Townley, Untermyer, Dore and Cohn, JJ.
Judgment and orders appealed from unanimously reversed and the matter referred to an Official Referee to report to Special Term upon the question of the knowledge of defendant that the arbitrator was representing plaintiff in a similar claim, and whether the accountant's report was properly considered; the motion to confirm the award of the arbitrator and the cross motion to vacate said award to be held in abeyance pending the coming in of the referee's report. No opinion. Settle order on notice.