Preiss/Breismeister Architects v. Westin Hotel Company-Plaza Hotel Division

Silverman and Bloom, JJ.,

dissent in a memorandum by Silverman, J., as follows: I would reverse the order appealed from, deny plaintiff’s motion to compel arbitration and grant defendant’s motion to stay arbitration. In my view by bringing court suit plaintiff waived its right to arbitration. In this case the contract between the parties contained a broad arbitration clause: “All claims, disputes and other matters in question between the parties to this Agreement, arising out of, or relating to this Agreement or the breach thereof, shall be decided by arbitration”. Plaintiff contends that…