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MATTER OF COHEN

20 Misc.2d 394 (1959)

In the Matter of the Arbitration between Martin Cohen et al., Individually and in Behalf of Murray Hill Academy of Theatre & Arts, Inc. et al., Petitioners, and Walter Cohen et al., Respondents.

Supreme Court, Special Term, New York County.

November 9, 1959.

Attorney(s) appearing for the Case

Markewich, Rosenhaus & Beck (Robert Markewich of counsel), for petitioners.

Margulies, Heit & Boverman (Albert Heit, Irving Klein and Stanley Rothenberg of counsel), for respondents.

FRANCIS X. CONLON, J.

The provision of section 1456 of the Civil Practice Act, that "All the arbitrators * * * must meet together and hear the allegations and proofs of the parties" is mandatory. No provision permitting waiver of this requirement is contained in the Civil Practice Act, such as there is, for example, in the case of the arbitrators' oath (Civ. Prac. Act, § 1455). In the present case, the failure of one of the arbitrators to be present...

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