In re the Arbitration between Excelsior 57th Corp. & Kern

Order and judgment (one paper), Supreme Court, New York County (Karla Moskowitz, J.), entered June 13, 2001, which, to the extent appealed and cross-appealed from, denied petitioner’s motion for a judicial interpretation of the parties’ ground lease in aid of and prior to arbitration insofar as to hold that it was for the arbitrators to determine in the first instance the merits of the parties’ dispute over the valuation of the leased land for the purpose of renewing the lease, but without prejudice to judicial resolution of the dispute should the arbitrators request a judicial determination,…