MATTER OF WOLFF & MUNIER, INC.


36 N.Y.2d 750 (1975)

In the Matter of the Arbitration between Wolff & Munier, Inc., Respondent, and Diesel Construction Company (Division of Carl A. Morse, Inc.) et al., Appellants.

Court of Appeals of the State of New York.

Decided March 20, 1975.


Attorney(s) appearing for the Case

Benedict Ginsberg for appellants.

John A. Pateracki, Jr. and Charles F. Preusse for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Neither the arbitration submission nor the order of the Appellate Division preceding the third and last arbitrators' award plainly required the arbitrators to make a money award. Instead, indirect reference was made to the items of claim. Nevertheless, there was never any doubt that the arbitration had the purpose of determining how much...

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