Legal Opinion

Vitale v. Friedman

Appellate Division of the Supreme Court of the State of New York

Decided May 9, 1996PublishedCited by 1 opinion

1Opinion of the Court

Order and judgment (one paper), Supreme Court, New York County (Carol Huff, J.), entered April 14, 1995, which, in a declaratory judgment action concerning whether the renewal rent of the subject premises is to be determined by appraisal or arbitration, insofar as appealed from, converted the action into a special proceeding pursuant to CPLR article 76 and directed the parties to proceed with an appraisal, unanimously affirmed, with costs.

The IAS Court correctly held that the parties’ lease was unambiguous in calling for an appraisal of fair rental value upon renewal, and properly rejected…

2Cases cited6 opinions

  1. W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
  2. In re the Arbitration between Penn Central Corp. & Consolidated Rail Corp.New York Court of Appeals · 1982
  3. Rice v. Ritz Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
  4. Rice v. Ritz Associates, Inc.New York Court of Appeals · 1983
  5. In re the Arbitration between Penn Central Corp. & Consolidated Rail Corp.Appellate Division of the Supreme Court of the State of New York · 1981

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3Cited by1 opinion

  1. Urban Commons 2 West LLCUnited States Bankruptcy Court, S.D. New York · 2023

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