Order and judgment unanimously modified, on the law and on the facts, without costs or disbursements to delete that portion of the order and judgment appealed from, designated as Paragraph 2, thereof.
Special Term was correct in confirming the award of the arbitrators. However, the order of Special Term should not have included Paragraph 2, which confirmed the award without prejudice to a declaration of the rights of the parties involved in the action entitled
Welcome to the leading source of independent legal reporting
Let's get started
Sign on now to see your case.
Or view more than 10 million decisions and orders.