MATTER OF KOOL AIR SYS., INC.


22 A.D.2d 672 (1964)

In the Matter of the Arbitration between Kool Air Systems, Inc., Appellant, and Syosset Institutional Builders, Inc., Respondent

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

October 27, 1964


Order, entered on June 17, 1964, denying motion to confirm arbitrator's award, unanimously reversed, on the law and the facts, with $30 costs and disbursements to appellant, and motion to confirm award granted, with $10 costs.

Special Term denied the motion to confirm the award upon the ground that the arbitrator was guilty of misconduct in refusing an adjournment. It is not the refusal of any adjournment which constitutes misconduct but where the refusal forecloses...

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