MATTER OF 936 SECOND AVE. L.P. v. WILSON EVANS 50TH LLC

8941, 656401/16.

171 A.D.3d 499 (2019)

96 N.Y.S.3d 527

2019 NY Slip Op 02659

In the Matter of 936 Second Avenue L.P., Appellant, v. Wilson Evans 50th LLC, Respondent.

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

Decided April 9, 2019.


The court properly found that there is no basis to disturb the award. The appraisal was made pursuant to the procedures set forth in the lease, and the appraisers stated that the net lease was taken into consideration when valuing the premises. Petitioner failed to establish by clear and convincing evidence that the arbitration award should be vacated on the ground that it was irrational, or in violation of the terms of the lease (see Matter of Falzone [New York Cent....

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