Cathedral Park Building Associates v. Damon & Morey

— Order unanimously reversed on the law with costs and motion granted. Memorandum: County Court erred in denying respondent’s motion to compel arbitration and to stay this proceeding to recover possession of real property. In the lease between the parties, they agreed to arbitrate "[e]very dispute arising under this Lease other than non-payment of Fixed Rent”. Although the instant dispute between the parties involved respondent’s *1204refusal to pay fixed rent between April 16 and August 24, 1990, the disagreement is not about fixed rent but rather about the date on which respondent’s obligation…