Matter of Zimmerman v. . Cohen

The Appellate Division has certified three questions to this court:

1. Is the right to an arbitration waived by the interposition of an answer by a defendant, sued upon an agreement in writing in which the parties have specifically agreed that all differences arising between them shall be settled by arbitration?

2. May the right to an arbitration pursuant to an agreement therefor, contained in the contract in writing, be lost by reason of the applicant’s laches in demanding the same?

3. Is the right to proceed with an arbitration provided for by- agreement absolute down to the time of trial?

These…