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MATTER OF FRAJER

278 A.D. 798 (1951)

In the Matter of the Arbitration between Oscar Frajer, Doing Business as Anglo American Export Company, Respondent, and Sam Chernofsky, Individually and Doing Business as Folsam Hosiery Company, Appellant

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

May 8, 1951.

Per Curiam.

The fifth arbitrator was not sworn, nor is there adequate proof that notice was given to appellant of the hearing after selection of the fifth arbitrator, who actually decided the case. Order granting motion to confirm the award and the judgment entered thereon should be reversed, with costs to appellant and the motion denied and appellant's cross motion to vacate the award granted, and the matter resubmitted to the same arbitrators.

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