MTR. OF OVERSEAS DISTRS. (BENEDICT BROS.)


5 A.D.2d 498 (1958)

In the Matter of the Arbitration between Overseas Distributors Exchange, Inc., Respondent, and Benedict Brothers & Co., Inc., et al., Appellants

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

April 29, 1958.


Attorney(s) appearing for the Case

Frank G. Wittenberg of counsel (Katz, Wittenberg & Katz, attorneys), for appellants.

Abraham Dorf for respondent.

BOTEIN, P. J., RABIN, VALENTE and BERGAN, JJ., concur.


Per Curiam.

This appeal brings up for review an order of Special Term confirming an arbitration award. Various grounds were urged below for invalidating the award, all of which were overruled. In our opinion, however, the objection as to the lack of finality and conclusiveness of the award should have been sustained. The absence of a mutual, final and definite award upon the subject matter submitted requires a remand...

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