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VITALE v. FRIEDMAN

227 A.D.2d 198 (1996)

642 N.Y.S.2d 514

Frank Vitale et al., Respondents, v. Jack Friedman et al., Appellants, and Sheldon Gottlieb, M.A.I., Respondent

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

May 9, 1996

The IAS Court correctly held that the parties' lease was unambiguous in calling for an appraisal of fair rental value upon renewal, and properly rejected defendants' resort to extrinsic evidence for purposes of showing that arbitration was intended (see, W.W.W. Assocs. v Giancontieri, 77 N.Y.2d 157, 162-163). The pertinent lease provision, which refers throughout only to "appraisers", never to "arbitrators", was clearly intended...

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