Grayson-Robinson Stores, Inc., Application of, GRAYSON-ROBINSON
| Decision Date | 04 March 1957 |
| Docket Number | GRAYSON-ROBINSON |
| Citation | 7 A.D.2d 367,183 N.Y.S.2d 695 |
| Parties | Application ofSTORES, INC., S. Klein Department Stores, Inc., Petitioners-Respondents, to confirm the award dated |
| Court | New York Supreme Court — Appellate Division |
Albert I. Edelman, New York City, of counsel (Carb, Luria, Glassner & Cook, New York City, attorneys), for appellant.
Samuel J. Silverman, New York City, of counsel (H. Russell Winokur and Robert L. Lasky, New York City, with him on the brief, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, attorneys), for petitioners-respondents. Before M. M. FRANK, J. P., and VALENTE, McNALLY and BERGAN, JJ.
This is an appeal from an order, and judgment entered thereon, which confirmed an arbitration award directing appellant to proceed with the improvement of certain premises in accordance with the terms of an agreement between the parties. The order also denied appellant's cross-motion to vacate the award.
Under the agreement, dated April 29, 1955, appellant undertook to erect a building, in accordance with outlined specifications, for the operation of a department store on a certain portion of appellant's land in Levittown, Nassau County, Long Island, upon which appellant was constructing a shopping center. The agreement provided that any dispute arising under it was to be submitted to arbitration. In November, 1956, petitioners-respondents initiated arbitration proceedings before the American Arbitration Association wherein they demanded specific performance of the agreement. In March, 1957, the arbitrators handed down their award in which they unanimously directed appellant to proceed forthwith with the construction of the building in accordance with the terms of the agreement. Special Term has confirmed that award and has denied appellant's cross-motion to vacate it.
Preliminarily, respondents urge that the cross-motion to vacate the award was not timely made as required by Section 1463, Civil Practice Act, since the cross-motion was made on July 17, 1957, more than three months after the award was filed. Section 1463, Civil Practice Act, provides that a notice of motion to vacate, modify or correct an award shall be served within three months after...
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