N.Y. Civil Practice Law & Rules § 7601: Special proceeding to enforce agreement that issue or controversy be determined by a person named or to be selected

§ 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.