Legal Opinion

In re Jo-Ann-Ro Leasing, Inc.

New York Supreme Court

Decided April 17, 1991Published

1Opinion of the Court

OPINION OF THE COURT

Diane A. Lebedeff, J.

The petitioner, a commercial tenant who claims a right to *1065arbitrate an insurance issue involved in a pending summary proceeding, seeks a stay of that proceeding and an order compelling arbitration on that issue, both pursuant to CPLR 7503. Although landlord-tenant attorneys customarily seek stays from the Supreme Court for Yellowstone injunctions pursuant to First Natl. Stores v Yellowstone Shopping Center (21 NY2d 630 [1968]), it appears this request should be made in the Civil Court and, because of legislative action, this court need no longer…

2Cases cited11 opinions

First National Stores, Inc. v. Yellowstone Shopping Center, Inc.New York Court of Appeals · 1968
De Sapio v. KohlmeyerNew York Court of Appeals · 1974
Post v. 120 East End Avenue Corp.New York Court of Appeals · 1984
Barash v. PA. TERM. REAL ESTATE CORP.New York Court of Appeals · 1970
Park House Partners, Ltd. v. DeIrazabalAppellate Division of the Supreme Court of the State of New York · 1988

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