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RADIO SYS., INC. v. SUTTON ASSOCS., INC.

49 A.D.2d 862 (1975)

Radio System, Inc., Respondent, and Radio City Parking, Inc., Intervenor-Respondent, v. Sutton Associates, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 28, 1975

On this record, although Special Term was in error in stating that the tenant could have passed any increases on to the subtenant if the appraisal under the prime lease had been prompt, the preliminary injunction was proper. It has the effect of staying a procedure in the nature of arbitration in which the plaintiff cannot participate without waiving its objections to that procedure, and we affirm for the reasons, except as noted...

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