Legal Opinion

LZG Realty, LLC v. H.D.W. 2005 Forest, LLC

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

Decided March 2, 2010PublishedCited by 1 opinion

1Opinion of the Court

In two related actions, inter alia, to foreclose a mortgage, Eli Weinstein, a defendant in both actions, appeals from an order of the Supreme Court, Richmond County (McMahon, J.), dated February 19, 2009, which denied his motion to compel arbitration and stay the actions.

Ordered that the order is affirmed, with costs.

A defendant in an action who has the right to arbitrate a claim may forfeit or waive that right by acts inconsistent with the intention to arbitrate (see Stark v Molod Spitz DeSantis & Stark, P.C., 9 NY3d 59, 66 [2007]; Flores v Lower E. Side Serv. Ctr., Inc., 4 NY3d 363, 372…

2Cases cited8 opinions

Flores v. Lower East Side Services Center, Inc.New York Court of Appeals · 2005
De Sapio v. KohlmeyerNew York Court of Appeals · 1974
Sherrill v. Grayco Builders, Inc.New York Court of Appeals · 1985
Stark v. Molod Spitz DeSantis & Stark, P.C.New York Court of Appeals · 2007
Roggio v. Nationwide Mutual InsuranceNew York Court of Appeals · 1985

3 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

Arnav Indus. Inc. Profit Sharing Plan & Trust v. 3449-3461 Hamilton Ft, LLCAppellate Division of the Supreme Court of the State of New York · 2025