IN RE: SLG 810 SEVENTH LESSEE LLC (2026)

Judgment, Supreme Court, New York County (Joel M. Cohen, J.), entered March 17, 2025, to the extent appealed from as limited by the briefs, bringing up for review an order, same court and Justice, entered September 18, 2024, which denied in part the petition to confirm a final arbitration award, unanimously modified, on the law, to remand the matter to arbitration for further proceedings consistent with this order, and otherwise affirmed, without costs.

“Supreme Court is empowered to undertake the ministerial act of computing what, if any, amount is due pursuant to a clear arbitration award” (Matter of Leopold v. Dabakarov, 194 A.D.3d 486, 487, 143 N.Y.S.3d 549 [1st Dept 2021], lv dismissed 37 N.Y.3d 1045, 154 N.Y.S.3d 568, 176 N.E.3d 305 [2021], citing Morgan Guar. Trust Co. of N.Y. v. Solow, 114 A.D.2d 818, 822, 495 N.Y.S.2d 389 [1st Dept 1985], affd 68 N.Y.2d 779, 506 N.Y.S.2d 674, 498 N.E.2d 147 [1986] ).  Here, while the arbitration panel concluded that petitioner, the landlord, is entitled to repayment of unpaid rent and property taxes as set forth in the sublease agreement, with statutory interest, respondent, the tenant, is correct that the final arbitration award left unresolved factual and legal questions such as the effect of the tenant's surrender of the premises, whether future rent obligations survived termination of the sublease, the duration of interest accrual, and the calculation of post-award obligations (see e.g. Hamilton Partners v. Singer, 290 A.D.2d 316, 316–317, 736 N.Y.S.2d 219 [1st Dept 2002] ).  Accordingly, we remand this matter to arbitration for resolution of those outstanding issues and to calculate the specific amounts due under the award (see Matter of Leopold, 194 A.D.3d at 487, 143 N.Y.S.3d 549).