Contracts · MBE-tested

In the Matter of the Arbitration between David Livingston, as President of District 65, Retail, Wholesale & Department Store Union, AFL-CIO, Respondent, and Cheney-Frantex, Longford-Weavers, Inc., Appellant

14 A.D.2d 518·New York Supreme Court, Appellate Division·1961·NY

Brief incoming

Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.

Opinion

In the Matter of the Arbitration between David Livingston, as President of District 65, Retail, Wholesale & Department Store Union, AFL-CIO, Respondent, and Cheney-Frantex, Longford-Weavers, Inc., Appellant. [MAJORITY] The award is invalid as to Mayar Silk Mills, Inc., not a party to. the contract or the arbitration proceeding. (Matter of Brescia Constr. Co. v. Walart Constr. Co., 264 N. Y. 260.) Moreover, the award is not mutual, final and definite (Civ. Prac. Act, § 1462, subd. 4) in that it fails to state the amount of damages or the basis for computation thereof. (Meyer v. Merritt, 7 A D 2d 917; Matter of Albert J. Pfeiffer, Inc. [Largman, Gray Co.], 22-2 App. Div. 62.) Concur — Botein, P. J., Rabin, McNally, Eager and Bastow, JJ.