Majority
p. 797In the Matter of Sylvia Fine, as Assignee of Osaka Textiles, Inc., Appellant, against Herman Cohen and Moses Salwen, Copartners, Doing Business under the Firm Name and Style of Herman Cohen & Co., Respondents. In the Matter of the Application of Herman Cohen and Moe Salwen, Copartners, etc., Respondents, against Sylvia Fine, Appellant, to Vacate and Set Aside the Award Dated April 28, 1941, and Purporting to Be the Award of the Arbitrators Made Pursuant to the Agreement of the Parties to Submit Certain Differences to the Arbitrators.
Order denying motion to confirm award unanimously reversed, with ten dollars costs and disbursements to the appellant, and the said motion granted. Order - granting motion to vacate award unanimously reversed, with ten dollars costs and disbursements to the appellant, and said motion denied. The irregularities relied on by respondents are without substance and were waived by then voluntary participation in the arbitration proceeding with knowledge thereof. Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.