Empire Plexiglass Corp. v. Levitt Corp

This is a summary proceeding for the nonpayment of rent for commercial space. The petition alleges that the rent was fixed by arbitration. The tenant’s answer sets forth several separate defenses and a counterclaim for $34,000 representing damages resulting from an alleged partial eviction and the landlord’s alleged failure to. supply heat as required by lease between the parties.

Only one separate defense pleaded need be considered for its determination will be dispositive of the petition. That defense is to the effect that the arbitrator selected was disqualified and hence the arbitration…