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Cell Tower Lease Acquisition, LLC v. Rego Park N.H. Ltd.
Citations: 2016 NY Slip Op 7279; 144 A.D.3d 453; 39 N.Y.S.3d 795Docket: 2146N 158323/13
Court: Appellate Division of the Supreme Court of the State of New York; November 3, 2016; New York; State Appellate Court
Original Court Document: View Document
In the case of Cell Tower Lease Acquisition, LLC v. Rego Park N.H. Ltd., the Appellate Division, First Department, addressed an appeal concerning a dispute over a lease and access rights related to cellular network equipment. The plaintiff, Cell Tower Lease Acquisition, sought injunctive relief to ensure access to the roof of a building owned by the defendants, Rego Park N.H. Ltd., where the plaintiff had an easement. The Supreme Court of New York County, under Justice Eileen A. Rakower, initially denied the defendants' motion to compel arbitration and seek attorneys' fees, instead staying the action pending arbitration. On appeal, the court modified this order, deciding to dismiss the action rather than merely staying it, based on the parties' consent and the facts presented. The appellate court found that the defendants did not establish a claim for attorneys' fees, as the plaintiff's actions in resisting arbitration were deemed justifiable under the circumstances. It affirmed that the arbitration agreement allowed for judicial injunctions consistent with the Federal Arbitration Act and CPLR Article 75. The plaintiff's request for injunctive relief was justified due to the ongoing dispute over access rights to the roof. The final ruling directed the clerk to enter judgment dismissing the complaint, as the plaintiff did not object to the dismissal on appeal. This decision clarifies the legal standing regarding arbitration agreements and the enforcement of easement rights in the context of ongoing disputes.