Wallace v. 600 Partners Co.

Ellerin, J. (dissenting).

The within proceeding was brought pursuant to CPLR 7601 to stay a real estate appraisal which had been demanded by respondent pursuant to a ground lease as to which respondent is petitioners’ Tenant. Petitioners argue that the Lease does not provide for an appraisal in order to set the prospective rent for a renewal term at this time, i.e., the commencement of the term, but, instead, provides that the appraisal should be performed at the end of the term and the rent set retroactively.

CPLR 7601 provides, inter alia, for a special proceeding to *210specifically enforce an…