Legal Opinion

Ryan v. Kellogg Partners Institutional Services

Appellate Division of the Supreme Court of the State of New York

Decided January 13, 2009PublishedCited by 6 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Barbara R. Kap-nick, J.), entered March 26, 2008, which, in an action arising out of a securities industry employment relationship, denied defendant former employer’s motion to compel arbitration before the Financial Industry Regulatory Authority (FINRA, formerly known as NASD), unanimously affirmed, with costs.

Defendant waived any right to arbitration by failing to raise it as a defense in its answer, asserting counterclaims, making a dispositive motion, and otherwise actively participating in this litigation for almost three years through the…

2Cases cited3 opinions

  1. Flores v. Lower East Side Services Center, Inc.New York Court of Appeals · 2005
  2. Tengtu International Corp. v. Pak Kwan CheungAppellate Division of the Supreme Court of the State of New York · 2005
  3. Advest, Inc. v. WachtelAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by6 opinions

  1. Waldman v. Mosdos Bobov, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
  2. Cusimano v. SchnurrAppellate Division of the Supreme Court of the State of New York · 2014
  3. Matter of Allstate Ins. Co. v. HowellAppellate Division of the Supreme Court of the State of New York · 2017
  4. LaRosa v. ArbusmanAppellate Division of the Supreme Court of the State of New York · 2010
  5. Ban Do Construction, Inc. v. ConnollyAppellate Division of the Supreme Court of the State of New York · 2009

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