Braun Equipment Co. v. Meli Borelli Associates

—Order, Supreme Court, New York County (Alice Schlesinger, J.), entered June 9, 1995, which, insofar as appealed from, granted defendant Meli Borelli Associates’ motion to compel arbitration, unanimously affirmed, without costs.

The only litigation activity of defendant-respondent was the service of routine pleadings, with no more detail than was minimally necessary, and which, under the circumstances, did not constitute particularized assertions of any right to substantive relief. Thus, the IAS Court correctly determined that defendant-respondent had not waived its right to arbitration since…