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AVON PRODS. v. SOLOW

79 A.D.2d 53 (1981)

Avon Products, Inc., Respondent, v. Sheldon H. Solow, Doing Business as Solow Building Company, Appellant

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

February 5, 1981

Attorney(s) appearing for the Case

Joel M. Miller of counsel (Martin D. Edel, Robert J. McDonald and Arline Mann with him on the brief; Sullivan & Cromwell and Ullman, Miller & Wrubel, P. C., attorneys), for appellant.

Herbert M. Wachtell (Peter D. McKenna, Claude M. Tusk and Richard B. Skaff with him on the brief; Wachtell, Lipton, Rosen & Katz, attorneys), for respondent.

KUPFERMAN, J. P., and SULLIVAN, J., concur with ROSS, J.; BLOOM, J., dissents in a separate opinion.

ROSS, J.

A narrow issue is presented for our review — whether the wage rate arbitration clause contained in the lease between these parties is sufficiently comprehensive in scope as to require arbitration where the defendant landlord adjusts his method of calculating the wage rate for certain building personnel, resulting in an increased rental to the plaintiff tenant. We conclude that this issue is a...

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