Legal Opinion
JSBarkats PLLC v. Response Scientific Inc.
Appellate Division of the Supreme Court of the State of New York
Decided April 25, 2017No. 3845 159434/14PublishedCited by 2 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered on or about May 6, 2016, which denied defendants’ motion to compel arbitration, unanimously affirmed, without costs.
The motion court properly decided the issue of waiver (see Cusimano v Schnurr, 26 NY3d 391, 401 n 3 [2015]) and properly determined that defendants had waived arbitration. Defendants’ participation in the lawsuit, in both state and federal court, for approximately 11 months before moving to compel arbitration manifested an affirmative acceptance of the judicial forum and caused plaintiff unnecessary delay and…
2Cases cited2 opinions
- De Sapio v. KohlmeyerNew York Court of Appeals · 1974
- Rita Cusimano v. Andrew v. Schnurr Bernard v. StrianeseNew York Court of Appeals · 2015
3Cited by2 opinions
- Hoffman v. AKT in Motion, Inc.Appellate Division of the Supreme Court of the State of New York · 2023
- Wallace v. Tri-Med Home Care Servs., Inc.Appellate Division of the Supreme Court of the State of New York · 2021