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MATTER OF KNICKERBOCKER T. CORP. (LEIFER MFG. CORP.)

278 A.D. 351 (1951)

In the Matter of the Arbitration between Knickerbocker Textile Corporation, Appellant, and Leifer Mfg. Corp., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

June 12, 1951.

Attorney(s) appearing for the Case

Manuel Maxwell of counsel (Jacob Rubenstein with him on the brief; Manuel Maxwell, attorney), for appellant.

Lionel S. Popkin of counsel (Abraham S. Guterman with him on the brief; Hess, Mela, Segall & Popkin, attorneys), for respondent.

PECK, P. J., GLENNON, CALLAHAN and SHIENTAG, JJ., concur in Per Curiam opinion; COHN, J., dissents and votes to affirm, in opinion.

Per Curiam.

The unanimous award of three arbitrators has been set aside on the ground that one of the arbitrators was legally disqualified to serve. The arbitrator had previously been convicted for violation of the regulations of the Office of Price Administration and sentenced to fine and imprisonment. His offense was a misdemeanor and malum prohibitum only. Neither of the parties knew of the conviction, nor...

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