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MATTER OF EXCELSIOR 57TH CORP.

290 A.D.2d 329 (2002)

735 N.Y.S.2d 779

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

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

Decided January 17, 2002.

The instant dispute over the significance of the Renewal Term Valuation Instructions contained in the parties' ground lease was properly found by the IAS court to be arbitrable pursuant to article 35, § 8 of the ground lease (see, Sisters of Saint John the Baptist, Providence Rest Convent v Phillips R. Geraghty Constructor, 67 N.Y.2d 997, 998). Having correctly committed the dispute to arbitration, the court's function was exhausted...

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