MATTER OF EXCELSIOR 57TH CORP.


293 A.D.2d 357 (2002)

741 N.Y.S.2d 203

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

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

Decided April 18, 2002.


The parties' ground lease provides that if the parties cannot agree on the valuation of the property for purposes of establishing the rent to be paid upon renewal, its value shall be determined by arbitration. The clause providing for the selection of arbitrators states that: "The Lessor and Lessee shall each appoint a fit and impartial person as arbiter who shall have had at least ten years' experience in the County of New York in a calling connected with the subject matter...

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