Appellate Division of the Supreme Court of the State of New York May 21, 2002 (In re the Arbitration between Solow Building Co. & Morgan Guaranty Trust Co.)

—Order, Supreme Court, New York County (Diane Lebedeff, J.), entered January 14, 2002, which denied petitioner landlord’s application to permanently stay an arbitration demanded by respondent tenant of a dispute involving a wage escalation clause in the parties’ lease, unanimously affirmed, with costs.

There is no merit to petitioner’s claim that the demanded arbitration is barred by res judicata.