In Matter of American Eagle Fire Ins. Co. v. New Jersey Ins. Co., 240 NY 398 (1925) the Court of Appeals observed that the Civil Practice Act (now CPLR) altered the common law concerning arbitration to provide that all arbitrators are required to hear all the proofs. The Civil Practice Act did not require that all the arbitrators participate in making the award. All arbitrators must be given the opportunity to participate in the deliberations but the failure of an arbitrator who heard the proofs to participate will not render an otherwise valid decision a nullity. The Court of Appeals did not address the narrow question of whether and under what circumstances two arbitrators may render a decision where the third arbitrator dies after all the evidence has been received and prior to rendering a decision.