MATTER OF MOLE (QUEEN INS. CO.)


14 A.D.2d 1 (1961)

In the Matter of the Arbitration between Angelo P. Mole, as Administrator of The Estate of Richard F. Mole, Deceased, Appellant, and Queen Insurance Company of America, Respondent

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

June 30, 1961.


Attorney(s) appearing for the Case

Cohen, Lombardo, Maisel, Blewett & Fisher (Ernest Lombardo of counsel), for appellant.

George L. Grobe (Herman J. Ginsberg of counsel), for respondent.

All concur. Present — WILLIAMS, P. J., GOLDMAN, HALPERN, McCLUSKY and HENRY, JJ.


HALPERN, J.

The principal question presented upon this appeal is whether there is any power in the courts to vacate an arbitration award on the ground of newly discovered evidence.

The arbitration proceeding had been commenced pursuant to a provision of an automobile insurance policy issued to the appellant by the respondent insurance company, which provided that the company would pay all damages which the named insured or any member of his family...

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