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NORTH AM. FOREIGN TRADING CORP. v. ROSEN

73 A.D.2d 883 (1980)

North American Foreign Trading Corp. et al., Respondents, v. Sidney Rosen, Appellant

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

January 22, 1980

Had we reached the merits on the basis of the present record, we would have granted the motion to confirm the arbitration award. As conceded on argument, however, Special Term had the absolute right to take evidence at a hearing in furtherance of a decision on the motion before the court. The court, feeling the need for such additional evidence, exercised its personal discretion. Inasumch as the Special Term Justice has retired...

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