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MTR. OF GRANITE MILLS (COWEN)

29 A.D.2d 303 (1968)

In the Matter of the Arbitration between Granite Worsted Mills, Inc., Respondent, and Aaronson Cowen, Ltd., Appellant In the Matter of the Arbitration between I. Aaronson, Ltd., Appellant, and Granite Worsted Mills, Inc., Respondent

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

February 29, 1968.

Attorney(s) appearing for the Case

Copal Mintz of counsel (Sahn, Shapiro & Epstein, attorneys), for appellant.

Ronald L. Unger of counsel (Sperry, Weinberg & Kallman, attorneys), for respondent.

BOTEIN, P. J., EAGER and TILZER, JJ., concur with RABIN, J.; STEUER, J., dissents in opinion.

RABIN, J.

The question posed by this appeal is whether the arbitrator of the dispute between the parties exceeded his powers in awarding the sum of $3,780.51 to the appellant on its claim of defective goods. Special Term thought he did; vacated the award and remitted the matter to the arbitrator for further proceedings.

These proceedings are the result of two sales by Granite Worsted Mills, Inc., (herein...

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