MATTER OF JOHN POST CONSTR. CORP. v. GOOD HUMOR CORP.


9 Misc.2d 392 (1957)

In the Matter of the Arbitration between John Post Construction Corp., Petitioner, and Good Humor Corporation, Respondent.

Supreme Court, Special Term, New York County.

December 6, 1957.


Attorney(s) appearing for the Case

Joseph Feldman for petitioner.

Isaac Rubin for respondent.


MATTHEW M. LEVY, J.

The motion in chief is to confirm an arbitration award and the cross motion is to vacate or modify and correct it.

The first issue is whether the arbitrators were guilty of misconduct in refusing to hear evidence pertinent and material to the controversy (Civ. Prac. Act, § 1462, subd. 3). There is a sharp dispute as to whether there was in fact any such exclusion and that cannot be resolved on these papers, except to say...

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