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MATTER OF BRILL

13 N.Y.2d 776 (1963)

In the Matter of the Arbitration between Norma Brill, Appellant, and Muller Brothers, Inc., Respondent.

Court of Appeals of the State of New York.

Decided July 10, 1963.

Attorney(s) appearing for the Case

Theodore F. Tonkonogy for appellant.

Paul Goodman for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD and SCILEPPI. Judge VAN VOORHIS dissents in the following opinion in which Judges BURKE and FOSTER concur:

Order affirmed, without costs, in the following memorandum: The action of an arbitrator in receiving upon the arbitral hearing evidence which would not be admissible in the trial of an action in court does not constitute "corruption, fraud or undue means" or "misbehavior" within the sense and meaning of subdivisions 1 and 3 of section 1462 of the Civil Practice Act.

VAN VOORHIS, J. (dissenting).

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