MATTER OF JOHNSON KIRCHNER HOLDINGS, LLC v. GALVANO

2015-07679. Index No. 31304/14.

150 A.D.3d 1001 (2017)

54 N.Y.S.3d 647

2017 NY Slip Op 03952

In the Matter of JOHNSON KIRCHNER HOLDINGS, LLC, Respondent, v. VINCENZO GALVANO, Appellant.

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

Decided May 17, 2017.


Ordered that the judgment is affirmed, with costs.

In this proceeding pursuant to CPLR 7601, the petitioner property owner sought to enforce a lease provision between it and the appellant tenant, governing the fixing of future rent upon the appellant's exercise of an option to renew the lease, by seeking the appointment of an independent third party to appraise the property as if it was vacant land. In accordance with the terms of the lease, the Supreme Court appointed...

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