In re 100 William Co. v. Aetna Insurance

Order Supreme Court, New York County (Carmen Beauchamp Ciparick, J.), and entered on or about June 8, 1989, granting petitioner’s motion, pursuant to CPLR 7503 (b) and (c), permanently staying arbitration, unanimously affirmed, without costs.

Petitioner landlord and respondent tenant are parties to a lease dated November 1, 1971. Pursuant to the lease, the tenant is obligated to pay petitioner, as additional rent, an "Operating Expense Rate” escalation, the calculation of which is based upon wages and benefits paid to porters pursuant to a labor agreement.

In 1978 it was discovered by landlord…