MATTER OF PENCO FABRICS, INC.


1 A.D.2d 659 (1955)

In the Matter of the Arbitration between Penco Fabrics, Inc., Respondent, and Louis Bogopulsky, Inc., Appellant

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

December 13, 1955


Order and judgment unanimously modified so as to provide that interest shall be added to the award only from December 11, 1954, and, as so modified, affirmed, without costs.

The question whether interest was to be allowed on the award from the date when payment of the invoices was found to be due was for the arbitrators to determine. In absence of such an allowance by the arbitrators, the court, on respondent's motion to confirm the award, was powerless to award interest...

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