Import Alley of Sunrise Mall, Inc. v. Sunrise Mall Associates

— In an action to recover alleged overpayments of electric utility charges pursuant to a lease between the parties, the plaintiff appeals from so much of a judgment of the Supreme Court, Nassau County (Burke, J.), dated November 9, 1984, as, upon reargument, adhered to its original determination, granting the defendant’s motion to permanently stay arbitration pursuant to CPLR article 75.

Judgment affirmed insofar as appealed from, with costs.

While the plaintiff has established that the claim it seeks to arbitrate is distinguishable from the claim upon which the instant action is based (see,…