
    In the Matter of the Arbitration between William Bassett et al., Copartners under the Firm Name of Bassett & O’Reilly Co., Respondents, and John Magner, Appellant.
    ■ Arbitration — claim, that arbitrators had refused to consider facts material to controversy.
    
    
      Matter of Bassett v. Magner, 212 App. Div. 879, affirmed.
    (Argued December 9, 1925;
    decided January 12, 1926.)
    Appeal from a judgment entered March 18, 1925, upon an order of the Appellate Division of the Supreme Court in the second judicial department, which reversed an order of Special Term denying a motion for confirmation of the report of arbitrators herein and granted said motion. This proceeding was for the purpose of determining the amount due under and pursuant to three certain contracts between the defendant and the claimants, for the doing of certain work on the defendant’s property in the village of Rye. Appellant contended that a majority of the arbitrators, contrary to the requirements of subdivision 3 of section 1457 of the Civil Practice Act, had refused to consider facts material to the controversy.
    
      William A. Davidson for appellant.
    
      William Baruch for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.  