Appellate Division of the Supreme Court of New York, 1915

In re St. John's Guild

Appellate Division of the Supreme Court of New York · Decided April 9, 1915

152 N.Y.S. 685 (New York Supplement)

Counsel

John W. Weed, of New York City, for appellant., William F. Kimber, of New York City, for respondents.

Opinion of the Court

PER CURIAM.

[1] The objection that the arbitrators were not sworn is a fatal one, the oaths not having been waived in writing. Code *686Civ. Proc. § 2369; Hinkle v. Zimmerman, 184 N. Y. 114, 76 N. E. 1080.

[2] The case appears to be a proper one, however, in which to direct a rehearing before the same arbitrators, as authorized by section 2374, Code Civ. Proc. Their failure to take the prescribed oaths did not, under the circumstances, indicate partiality or incompetence.

The order appealed from will therefore be modified accordingly, with $10 costs and disbursements to the appellant. Settle order on notice.

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