In re the Arbitration Between Di Carlo & Williamsburgh City Fire Insurance

Majority

p. 550

In the Matter of the Arbitration between Filippo Di Carlo and The Williamsburgh City Fire Ins. Co.

(Supreme Court, General Term, First Department,

Filed January 16, 1891.)

Headnote

Arbitration—Jurisdiction op court to set aside award.

The court has no power to set aside on motion an award made on a submission to arbitration entered into by the parties without regard to the statute. If any injustice has been suffered by either party to such submission, such injustice must be redressed by action.

Appeal from order denying motion to vacate an award of appraisers made pursuant to policies of insurance.

R W. Todd, for app’lt; O. E. Bright, for resp’t

We do not see how the court can acquire jurisdiction to set aside this award upon motion. It is not the re-

p. 551

suit of an arbritration under the Code, and, therefore, the provisions of the Code were not applicable to it And it is only where it is expressly provided by statute that the court may acquire jurisdiction by motion that it can acquire jurisdiction otherwise than by action.

This arbitration not being a statutory arbitration which could possibly result in a judgment, as already suggested, the provisions of the Code as to motions in respect to the award do not apply. And if any injustice has been suffered upon the part of the moving party, such injustice must be redressed by action. This objection, however, lb does not appear was taken in the court below, and, therefore, we think that the order appealed from should be reversed, without costs, and the motion dismissed.

Beady and Daniels, JJ., concur.