FEINBERG v. BARRY EQUITY CORP.


277 A.D. 762 (1950)

George J. Feinberg et al., Copartners Trading under the Name of Concord Chenille Co., Respondents, v. Barry Equity Corp., Appellant

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

May 23, 1950.


Per Curiam:

This is a plenary action to set aside the award in an arbitration proceeding, fixing rent under section 4 of the Commercial Rent Law (L. 1945, ch. 3, as amd.) and the order of the court confirming the award made a year and a half prior to the institution of this suit. The ground of the action is the alleged sham character of the arbitration proceeding. Section 1463 of the Civil Practice Act provides that a notice of motion to vacate an arbitration...

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