In re the Arbitration between Kern & Excelsior 57th Corp.

—Order, Supreme Court, New York County (Karla Moskowitz, J.), entered August 31, 1999, which, inter alia, granted petitioners’ motion, pursuant to CPLR article 75, to compel respondent to select a substitute arbitrator in tripartite arbitration in place of respondent’s previously selected arbitrator, who died before completion of the arbitrators’ deliberations and the rendering of a final award, unanimously affirmed, without costs.

The lease providing for arbitration of the underlying dispute in accordance with CPLR article 75 does not provide what is to occur in the event of an arbitrator’s…