Morfopoulos v. Lundquist
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order, Supreme Court, New York County (Harold Baer, Jr., J.), entered July 23, 1991, which denied the petitioners’ application to stay arbitration demanded by respondent, unanimously affirmed, without costs.
We agree with the IAS Court that petitioners, although non-signatories to the arbitration agreement in issue to which the first-named petitioner’s eponymous corporation was a party *198(see, Keter Publ. v Shapolsky, 189 AD2d 591), waived their right to have the issue of arbitrability judicially determined by actively participating in the arbitration before seeking a stay (Matter of National…
2Cases cited3 opinions
- In Re the Arbitration Between National Cash Register Co. & WilsonNew York Court of Appeals · 1960
- Standard Steel Section, Inc. v. Royal Guard Fence Co.Appellate Division of the Supreme Court of the State of New York · 1978
- Keter Publishing, Ltd. v. ShapolskyAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by6 opinions
- Weizmann Institute of Science v. NeschisDistrict Court, S.D. New York · 2005
- In re the Arbitration between Town of Ticonderoga & United Federation of Police Officers, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- In re the Arbitration between Sanders Construction Corp. & BeckerAppellate Division of the Supreme Court of the State of New York · 2002
- Jadhav v. AckermanAppellate Division of the Supreme Court of the State of New York · 2009
- N.J.R. Associates v. TausendAppellate Division of the Supreme Court of the State of New York · 2011
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