Maher v. Marpet Development Co.

Appellate Division of the Supreme Court of New York

Maher v. Marpet Development Co.

49 A.D.2d 884, 373 N.Y.S.2d 213, 1975 N.Y. App. Div. LEXIS 11101

Appellate Division of the Supreme Court of the State of New York·Decided October 6, 1975·Published

Opinion

In asummary proceeding to recover possession of real property for nonpayment of rent (Real Property Actions and Proceedings Law, § 711), the tenant and undertenant appeal from an order of the Supreme Court, Westchester County, entered June 13, 1975, which denied their motion to compel arbitration. Order affirmed, with $20 costs and disbursements. The arbitration clause in the lease does not clearly manifest an intention to substitute arbitration for the more expeditious summary proceeding for nonpayment of rent. Rabin, Acting P. J., Cohalan, Margett and Christ, JJ., concur.

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In asummary proceeding to recover possession of real property for nonpayment of rent (Real Property Actions and Proceedings Law, § 711), the tenant and undertenant appeal from an order of the Supreme Court, Westchester County, entered June 13, 1975, which denied their motion to compel arbitration. Order affirmed, with $20 costs and disbursements. The arbitration clause in the lease does not clearly manifest an intention to substitute arbitration for the more expeditious summary proceeding for nonpayment of rent. Rabin, Acting P. J., Cohalan, Margett and Christ, JJ., concur.

Maher v. Marpet Development Co., 49 A.D.2d 884, 373 N.Y.S.2d 213, 1975 N.Y. App. Div. LEXIS 11101 (N.Y. Ct. App. 1975).

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49 A.D.2d 884 (Maher v. Marpet Development Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.