JPMORGAN CHASE BANK v. REIBESTEIN


34 A.D.3d 308 (2006)

824 N.Y.S.2d 259

JPMORGAN CHASE BANK, as Successor in Interest to TAPPAN ZEE NATIONAL BANK OF NYACK, Respondent-Appellant, v. MARIE REIBESTEIN, Appellant-Respondent.

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

Decided November 14, 2006.


The arbitrability of the third appraiser's valuation of the leased premises, which the lease provides is binding on the parties, is not an arbitrable issue. Previous judicial findings arguably to the contrary made in connection with prior lease renewals are not res judicata, since such findings were made before the parties executed the lease extension and modification agreement that changed the valuation procedure (see Kappas v T.W. Kutter, Inc., 192...

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