JPMorgan Chase Bank v. Reibestein

Order, Supreme Court, New York County (Ronald A. Zweibel, J.), entered September 1, 2005, which granted petitioner tenant’s application to stay arbitration of an appraisal of the leased property demanded by respondent landlord, denied landlord’s “cross petition” seeking damages for breach of the parties’ lease and directed arbitration thereof, and denied landlord’s motion for pre-arbitration discovery, unanimously affirmed, with costs.

The arbitrability of the third appraiser’s valuation of the leased premises, which the lease provides is binding on the parties, is not an arbitrable issue.…