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HIRSCH v. HIRSCH

45 A.D.2d 167 (1974)

David Hirsch, Respondent, v. Ann Hirsch, Appellant

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

June 27, 1974.

Attorney(s) appearing for the Case

Irving L. Weinberger of counsel (Samuel Schnitzer, attorney), for appellant.

Samuel Weisman of counsel (Weisman & Weisman, attorneys), for respondent.

STEUER and MACKEN, JJ., concur with KUPFERMAN, J.; CAPOZZOLI, J., dissents in an opinion in which NUNEZ, J. P., concurs.

KUPFERMAN, J.

Under the circumstances of this matter, the question was "within the judicially unreviewable purview of the arbitrator" (Matter of Raisler Corp. [New York City Housing Auth.], 32 N.Y.2d 274, 282) and the award was properly confirmed.

Nonetheless, a consideration on the merits would lead to the same result.

The parties in their agreement...

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