Rusch Factors, Inc. v. Fairview Manufacturing Co.

Order entered July 23, 1969 staying the action and directing the parties to proceed to arbitration reversed on the law, with $30 costs and disbursements to plaintiff-appellant, the stay vacated and defendant-respondent’s motion denied. The defendant-respondent Fairview by its conduct evidenced unmistakably the intention to waive arbitration and to litigate the controversy in this action. During the period between the service of the summons and complaint on February 5, 1969 and the joinder of issue by the service of its answer on May 15, 1969, the defendant’s time to answer was repeatedly…