MTR. OF MILLIKEN WOOLENS (WEBER KNIT)


11 A.D.2d 166 (1960)

In the Matter of the Arbitration between Milliken Woolens, Inc., et al., Respondents, and Weber Knit Sportswear, Inc., Appellant

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

June 28, 1960.


Attorney(s) appearing for the Case

Sidney S. Korzenik of counsel (Rothstein & Korzenik, attorneys), for appellant.

Donald L. Kreindler of counsel (Edwin M. Otterbourg, Aaron Rosen, Melvin Liebowitz with him on the brief; Otterbourg, Steindler, Houston & Rosen, attorneys), for respondents.

RABIN, J. P., McNALLY and BASTOW, JJ., concur; M. M. FRANK, J., deceased.


VALENTE, J.

Presented upon this appeal is the validity of an arbitration award assailed by appellant because of certain disqualifying relationships of the two arbitrators who signed the award — the third arbitrator dissented.

The arbitration proceeding was initiated in November, 1956, based on appellant's claim of a breach of warranty in the purchase of orlon yarns intended for the manufacture...

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