Affirmed, with costs.
Our dissenting colleague, however, would reverse in part since, in his view, the issue of whether the lessor, respondent here, waived its right to an appraisal to determine the rental value of the subject real property by not timely commencing the proceeding is a matter for arbitration and not the courts. CPLR 7503 authorizes parties to an agreement to make an application to compel or stay arbitration, as the case may be. Subdivision (a) of that...
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