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MATTER OF MILLIKEN WOOLENS, INC.

9 N.Y.2d 878 (1961)

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

Court of Appeals of the State of New York.

Decided April 27, 1961.

Attorney(s) appearing for the Case

Donald L. Kreindler, Aaron Rosen and Gerald A. McCarville for appellants.

Sidney S. Korzenik for respondent.

Concur: Judges DYE, FULD, FROESSEL, BURKE and FOSTER. Chief Judge DESMOND dissents in an opinion in which Judge VAN VOORHIS concurs.

Order affirmed, with costs, upon the opinion in the Appellate Division.

Chief Judge DESMOND (dissenting).

Control of the courts over arbitrations and arbitrators is such only as is given by statute. The only statute which could have any application here is subdivision 2 of section 1462 of the Civil Practice Act which directs the vacatur of an award "Where there [is] evident partiality or corruption in the arbitrators or either of them". In this...

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