State Codes and Statutes

Statutes > New-york > Cvp > Article-76 > 7601

§  7601.  Special  proceeding  to  enforce  agreement  that  issue  or  controversy be determined by a person named or to be selected. A special  proceeding may be commenced to specifically enforce an agreement that  a  question  of  valuation,  appraisal  or  other  issue  or controversy be  determined by a person named or to be selected. The  court  may  enforce  such  an agreement as if it were an arbitration agreement, in which case  the  proceeding  shall  be  conducted  as  if  brought   under   article  seventy-five  of  this  chapter.  Where  there  is a defense which would  require dismissal  of  an  action  for  breach  of  the  agreement,  the  proceeding  shall  be  dismissed.  Provided,  however, that this section  shall not  apply  to  any  agreement  contained  in  the  standard  fire  insurance policy of the state with the exception of an action to enforce  the  appraisal  clause  pursuant  to section three thousand four hundred  eight of the insurance law which shall not be enforced as an arbitration  agreement.

State Codes and Statutes

Statutes > New-york > Cvp > Article-76 > 7601

§  7601.  Special  proceeding  to  enforce  agreement  that  issue  or  controversy be determined by a person named or to be selected. A special  proceeding may be commenced to specifically enforce an agreement that  a  question  of  valuation,  appraisal  or  other  issue  or controversy be  determined by a person named or to be selected. The  court  may  enforce  such  an agreement as if it were an arbitration agreement, in which case  the  proceeding  shall  be  conducted  as  if  brought   under   article  seventy-five  of  this  chapter.  Where  there  is a defense which would  require dismissal  of  an  action  for  breach  of  the  agreement,  the  proceeding  shall  be  dismissed.  Provided,  however, that this section  shall not  apply  to  any  agreement  contained  in  the  standard  fire  insurance policy of the state with the exception of an action to enforce  the  appraisal  clause  pursuant  to section three thousand four hundred  eight of the insurance law which shall not be enforced as an arbitration  agreement.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Cvp > Article-76 > 7601

§  7601.  Special  proceeding  to  enforce  agreement  that  issue  or  controversy be determined by a person named or to be selected. A special  proceeding may be commenced to specifically enforce an agreement that  a  question  of  valuation,  appraisal  or  other  issue  or controversy be  determined by a person named or to be selected. The  court  may  enforce  such  an agreement as if it were an arbitration agreement, in which case  the  proceeding  shall  be  conducted  as  if  brought   under   article  seventy-five  of  this  chapter.  Where  there  is a defense which would  require dismissal  of  an  action  for  breach  of  the  agreement,  the  proceeding  shall  be  dismissed.  Provided,  however, that this section  shall not  apply  to  any  agreement  contained  in  the  standard  fire  insurance policy of the state with the exception of an action to enforce  the  appraisal  clause  pursuant  to section three thousand four hundred  eight of the insurance law which shall not be enforced as an arbitration  agreement.