MATTER OF KERN


270 A.D.2d 25 (2000)

704 N.Y.S.2d 41

In the Matter of the Arbitration between RALPH W. KERN et al., Respondents, and EXCELSIOR 57TH CORP., Appellant.

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

Decided March 2, 2000.


The lease providing for arbitration of the underlying dispute in accordance with CPLR article 75 does not provide what is to occur in the event of an arbitrator's death where, as here, an arbitration is ongoing. In the absence of a written agreement addressing that situation, we reject respondent's contention that, upon an arbitrator's death, an arbitration in progress must be commenced de novo before an entirely new panel. Rather, where the parties have made no agreement...

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