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In re the Arbitration between Verheyleweghen & Edwards

30 A.D.2d 655 Court N.Y. App. Div. Decision date 1968-06-18 English

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p. 655
In the Matter of the Arbitration between Peter Verheyleweghen, Appellant, and Philip Edwards, Respondent.

Order entered on February 29, 1968, to the extent appealed from, i.e., to the extent that it denied confirmation of items numbered 1 and 6 of the award of arbitrators dated November 28, 1967, unanimously reversed, on the law and the facts, and said items reinstated and confirmed, with $50 costs and disbursements to appellant. The arbitration clause extends to any dispute under the agreement, and we are unable to find in the record and particularly in respondent’s affidavit a sufficiently probative substantiation of his claim that the arbitrators exceeded their powers. Concur — Botein, P. J., Stevens, Capozzoli, Rabin and McNally, JJ.