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MATTER OF MORROW

20 A.D.2d 741 (1964)

In the Matter of the Arbitration between John F. Morrow, as Guardian ad Litem for Mary E. M. Worden, an Infant, Respondent, and General Accident Fire and Life Assurance Corp. et al., Appellants

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

February 20, 1964

The facts and the legal issues arising upon them are well outlined and defined in the comprehensive opinion of Mr. Justice MAIN at Special Term. It is clear that the arbitrators' powers were "so imperfectly executed * * * that a * * * definite award upon the subject-matter submitted was not made". (Civ. Prac. Act, § 1462, subd. 4.) In consequence, the vacatur and resubmission were proper, as was the confirmation of the amended award. (Matter of Zephyr Constr. Co....

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