Legal Opinion
Simon-Equity Jefferson Valley Partnership v. AJC Contractors, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided November 3, 1986PublishedCited by 3 opinions
1Opinion of the Court
It is settled that by participating in an arbitration one waives his right to move for a stay of the arbitration on the ground that no valid contract or agreement to arbitrate had been made (see, CPLR 7503 [b]; Matter of National Cash Register Co. [Wilson], 8 NY2d 377; Matter of Yonkers Public Lib. [Landolfe Elec. Corp.] 27 AD2d 575).
The record reveals that the respondents Rudolph’s Women’s *580Apparel of Mt. Kisco, Inc. (hereinafter Rudolph) and AJC Contractors, Inc. (hereinafter AJC) entered into a construction contract for improvements to be made on premises leased by Rudolph from the…
2Cases cited3 opinions
- De Sapio v. KohlmeyerNew York Court of Appeals · 1974
- In Re the Arbitration Between National Cash Register Co. & WilsonNew York Court of Appeals · 1960
- In re the Arbitration between Yonkers Public Library & Landolfe Electrical Corp.Appellate Division of the Supreme Court of the State of New York · 1966
3Cited by3 opinions
- Milas v. Labor Ass'n of Wisconsin, Inc.Wisconsin Supreme Court · 1997
- Marfrak Corp. v. GardnerAppellate Division of the Supreme Court of the State of New York · 1991
- Interboro Mutual Indemnity v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2000