MATTER OF LIVINGSTON, (BANFF, LTD.)


13 Misc.2d 766 (1958)

In the Matter of the Arbitration between David Livingston, as President of District No. 65, Retail, Wholesale & Department Store Union, AFL-CIO, Petitioner, and Banff, Ltd., Respondent.

Supreme Court, Special Term, New York County.

July 21, 1958.


Attorney(s) appearing for the Case

Weisman, Allan, Spett & Sheinberg (Irving Rozen of counsel), for petitioner.

David Kallman for respondent.


OWEN McGIVERN, J.

Motion to confirm award denied; cross motion to vacate granted, and rehearing directed before the same arbitrator, pursuant to the penultimate paragraph of section 1462 of the Civil Practice Act.

While there is some dispute in the affidavits, it would appear that the copy of the contract delivered to the arbitrator at the close of the hearing differed from the true contract between the parties. The difference may very well have...

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