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FLORASYNTH, INC. v. PICKHOLZ

No. 120, Docket 84-7333.

750 F.2d 171 (1984)

FLORASYNTH, INC., Plaintiff-Appellee, v. Alfred PICKHOLZ, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 6, 1984.

Attorney(s) appearing for the Case

Francis Carling, New York City (Francis Carling, Leo T. Crowley, Winthrop, Stimson, Putnam & Roberts, New York City, of counsel), for defendant-appellant.

Lloyd I. Isler, New York City, for plaintiff-appellee.

Before VAN GRAAFEILAND and CARDAMONE, Circuit Judges and MacMAHON, District Judge.

CARDAMONE, Circuit Judge:

On this appeal we consider whether a party aggrieved by an award at the conclusion of an arbitration proceeding must raise his defenses to it within the period prescribed, or whether he may sit that time out and make his motion to vacate as a defense to his opponent's motion to confirm. The United States District Court, 598 F.Supp. 17, for the Southern District of New York (Edelstein, J.) held that the...

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