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