Rapid-American Corp. v. Olympic Tower Associates
Opinion of the Court
Order, Supreme Court, New York County (Diane Lebedeff, J.), entered December 7, 1989, which denied defendant’s motion to stay arbitration and vacate plaintiff’s arbitration demand, unanimously affirmed, with costs.
Plaintiff, a tenant of defendant, timely objected to certain rent increases due to additional operating costs and requested access to defendant’s books and records pursuant to the lease. When the defendant refused to comply, plaintiff sought and obtained an order directing defendant to provide plaintiff access to its books and records, which was affirmed on appeal to this court. (157 AD2d 589, lv denied 76 NY2d 705.)
Plaintiff subsequently demanded arbitration with respect to the rent increases. Defendant sought to vacate the demand for arbitration, claiming that plaintiff had not served a sufficiently detailed notice of objection to the rent increases. The IAS court denied defendant’s application on the ground that the sufficiency of the notice was determined in the earlier decision.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.