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In re the Arbitration between Morrow & General Accident Fire & Life Assurance Corp.

20 A.D.2d 741 Court N.Y. App. Div. Decision date 1964-02-20 English

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p. 741
In the Matter of the Arbitration between John F. Morrow, as Guardian ad Litem for Mary E. M. Worden, an Infant, Respondent, and General Accident Fire and Life Assurance Corp. et al., Appellants.

The facts and the legal issues arising upon them are well outlined and defined in the comprehensive opinion of Mr. Justice Main at Special Term. It is clear that the arbitrators’ powers were “so imperfectly executed * * * that a * * * definite award upon the subject-matter submitted was not made”. (Civ. Prac. Act, § 1462, subd. 4.) In consequence, the vacatur and resubmission were proper, as was the confirmation of the amended award. (Matter of Zephyr Gonstr. Go. [Boro Hall Corp.], 7 A D 2d 915 and cases cited p. 916, second appeal 10 A D 2d 867 ; 21 Carmody-Wait, New York Practice, §§ 170, 172, pp. 575, 576.) Orders affirmed, with $20 costs. Gibson, P. J., Reynolds, Taylor and Aulisi, JJ., concur.