Hartsdale Fire District v. Eastland Construction, Inc.

Spolzino, J.P.,

dissents, and votes to reverse the order and grant the petition, with the following memorandum: I do not agree that the petitioner, Hartsdale Fire District, either waived its notice of claim defense by participating in the arbitration of this matter or should be estopped from raising that defense by reason of its earlier demand for the arbitration. In my view, the petitioner’s conduct here does not fall within the limited circumstances in which a notice of claim defense may be waived, and the estoppel argument rests, erroneously, on acts that occurred before the notice of claim…