General
In the Matter of the Arbitration between Charles-Meher, Inc., Appellant, and Morton Kaufman et al., Respondents. In the Matter of the Arbitration between Charles-Meher, Inc., Appellant, and Wilson Prettyman, Doing Business as Ennis Hearing Institute, Respondents
275 A.D.2d 963·New York Supreme Court, Appellate Division·1949·NY
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Opinion
In the Matter of the Arbitration between Charles-Meher, Inc., Appellant, and Morton Kaufman et al., Respondents. In the Matter of the Arbitration between Charles-Meher, Inc., Appellant, and Wilson Prettyman, Doing Business as Ennis Hearing Institute, Respondents.
[MAJORITY]
On the conceded facts the motions to vacate the awards were not made within three months after such awards were filed or delivered. (Civ. Prae. Act, § 1463.) Having invoked the statutory remedy to vacate an award by motion, pursuant to the provisions of article 84 of the Civil Practice Act, respondents are bound by the provisions with respect to the time within which a motion may be made to vacate an award. (Matter of Bond [Shubert], 264 App. Div. 484, affd. 290 N. Y. 901; Matter of Starrett Realty Renting Co. [Laurel Printing Co.], N. Y. L. J., March 2, 1949, p. 770, col. 5; Matter of Mayo Realty Corp., 68 N. Y. S. 2d 843.) Nolan, P. J., Carswell, Johnston, Adel and MacCrate, JJ., concur.