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MATTER OF A. M. PERLMAN, INC. (RAYCREST MILLS)

280 A.D. 744 (1952)

In the Matter of the Arbitration between A. M. Perlman, Inc., Respondent, and Raycrest Mills, Inc., Appellant In the Matter of the Arbitration between Raycrest Mills, Inc., Appellant, and A. M. Perlman, Inc., Respondent

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

December 16, 1952.

Attorney(s) appearing for the Case

Menahem Stim of counsel (Roy M. Cohn and Samuel Rubin with him on the brief; Curran & Stim, attorneys), for appellant.

George Trosk of counsel (Jesse Climenko with him on the brief; Gallop, Climenko & Gould, attorneys), for respondent.

PECK, P. J., DORE and CALLAHAN, JJ., concur.

BREITEL, J.

This is an appeal from the vacation at Special Term of an award in arbitration. The grounds therefor were misconduct and evident partiality by the arbitrators (Civ. Prac. Act, § 1462). The issues of fact raised on the motion to vacate the award had been submitted to a Referee who had rendered a detailed report. The order followed the report.

In the latter half of 1948, Raycrest Mills,...

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