140 Broadway Co. v. Dewey, Ballantine, Bushby, Palmer & Wood

— Judgment of the Supreme Court, New York County (Benjamin Altman, J.), entered on January 21,1983, which dismissed petitioner’s petition for an order compelling arbitration and dismissed respondent’s counterclaim, is modified, on the law, without *483costs or disbursements, the proceeding deemed to be an action for a declaratory judgment and it is declared that the matter should be submitted to arbitration for the purpose of determining the fair rental value of the premises as of October 1, 1982. On September 28, 1966, petitioner 140 Broadway Company (the Company) and respondent Dewey,…